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B-405201.2 1 (2011-09-22)

handle is hein.gao/gaobadohe0001 and id is 1 raw text is: J G A Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENTFoR-PUBICRELEASE 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: Zachry Construction Corporation File: B-405201.2 Date: September 22, 2011 Brad C. Friend, Esq., Kraftson Caudle, LLC, for the protester. Lewis J. Baker, Esq., and Brian R. Dugdale, Esq., Watt, Tieder, Hoffar & Fitzgerald, L.L.P., for Tug Hill Construction, Inc., an intervenor. Lloyd R. Crosswhite, Esq., and Martin Chu, Esq., Department of the Army, Corps of Engineers, for the agency. Linda C. Glass, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency unreasonably rejected proposal as technically unacceptable is denied where agency reasonably evaluated protester's proposal as failing to offer a site project superintendent who satisfied the experience requirements of the solicitation. DECISION Zachary Construction Corporation, of San Antonio, Texas, protests the award of a contract to Tug Hill Constructing, Inc., of Watertown, New York, under request for proposals (RFP) No. W9126G-09-D-OOXX-RFP008, issued by the Army Corps of Engineers for construction of a Digital Multi-Purpose Training Range at Fort Bliss, Texas. Zachary contends that the Army improperly rejected its proposal as technically unacceptable. We deny the protest. BACKGROUND The RFP was issued on January 18, 2011 to firms with indefinite-delivery/indefinite- quantity, multiple-award task-order contracts (MATOC) and provided for the award of a fixed-price task order for construction of the training range. The solicitation provided that the agency would evaluate proposals to determine technical acceptability and make award to the low-priced, technically acceptable offer.

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