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B-402747 1 (2010-07-23)

handle is hein.gao/gaobadbsr0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Cornerstone Construction Company, Inc. File: B-402747 Date: July 23, 2010 Julia M.I. Holden, Esq., and Gregory J. Dudek, Esq., Bankston Gronning O'Hara, P.C., for the protester. Michael H. Gilbert, Esq., Phillip E. Santerre, Esq., and Carl F. Olson, Esq., Department of the Army, Corps of Engineers, for the agency. Paul N. Wengert, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency failed to recognize that the awardee's proposal deviated from the solicitation requirement, and that the agency misevaluated proposals and engaged in unequal treatment, is denied where the record shows that the awardee's proposal met the requirements of the solicitation and the agency reasonably and fairly evaluated proposals in a manner that was consistent with the solicitation. DECISION Cornerstone Construction Company, Inc., of Anchorage, Alaska, protests the award of a contract to Davis Constructors and Engineers, Inc., of Anchorage, Alaska, by the Department of the Army, Corps of Engineers, under request for proposals (RFP) No. W911KB-09-R-0027 for the design and construction of an aero-medical services and mental health clinic at Elmendorf Air Force Base in Alaska. Cornerstone argues that the Corps overlooked unacceptable aspects of Davis's proposal, misevaluated proposals, and engaged in unequal treatment in the evaluation. We deny the protest. BACKGROUND The Corps issued the RFP on September 18, 2009, seeking a contractor to design and build a health clinic adjacent to an existing hospital building at Elmendorf Air Force Base under a fixed-price contract. The project was a design-build project, where the RFP provided design requirements and requested that offerors propose a design

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