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B-299577 1 (2007-06-29)

handle is hein.gao/gaobadiwv0001 and id is 1 raw text is: im A 0 Comptroller General K, N Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been Decision .approved for public release. Matter of: Forest City Military Communities, LLC File: B-299577 Date: June 29, 2007 Robert H. Koehler, Esq., and Jennifer S. Zucker, Esq., Patton Boggs LLP, for the protester. E. Sanderson Hoe, Esq., and Jennifer M. Morrison, Esq., McKenna Long & Aldridge LLP, for GMH/Centex Military Communities, an intervenor. Matthew R. Keiser, Esq., U.S. Army Corps of Engineers, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's use of an arbitrary plug number in evaluating the awardee's proposed cost is denied where the protester's own calculation of the awardee's cost demonstrates that there was no likelihood of prejudice. 2. Protester's supplemental challenges to the agency's evaluation of its proposal are dismissed as untimely where the protester could have, but did not, raise the arguments in its initial protest based on information made available to the protester during its debriefing. DECISION Forest City Military Communities, LLC protests the award of a contract to GMH/Centex Military Communities (GMH) under request for qualifications (RFQ) No. W912DR-06-R-0006, issued by the U.S. Army Corps of Engineers for housing and community development at the U.S. Military Academy (USMA) in West Point, NY. The protester contends that the agency's evaluation of offerors' proposals was unreasonable. We dismiss the protest as untimely in part, and deny the protest in part.

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