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B-405365 1 (2011-10-24)

handle is hein.gao/gaobadohm0001 and id is 1 raw text is: 


   AL

G              A     0                                                Comptroller General
     Acc untabiity * Integrity * Reliability                           of the United States
 United States Government Accountability Office
 Washington, DC 20548



          Decision


          Matter of: Valor Construction Management, LLC

          File:       B-405365

          Date:       October 24, 2011

          Gordon M. Butler, Jr., for the protester.
          Jennifer Payton, Esq., Department of the Army, Corps of Engineers, for the agency.
          Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that solicitation's experience and past performance criteria are unduly
          restrictive is denied where the record shows that the provisions are reasonably
          related to the agency's needs.
          DECISION

          Valor Construction Management, LLC, of Pahokee, Florida, protests the terms of
          request for proposals (RFP) No. W912QR-11-R-0047, issued by the Department of the
          Army, Corps of Engineers for design and construction of an Army Reserve Center in
          West Palm Beach, Florida. Valor asserts that the solicitation (a service-disabled,
          veteran-owned small business (SDVOSB) set-aside) is unduly restrictive of
          competition.

          We deny the protest.

          The RFP called for construction of a training center/unit storage building, an
          organizational maintenance shop, and an unheated storage building for the specified
          Army Reserve Center. Proposals were to be evaluated under six factors, listed in
          descending order of importance: experience (prime contractor and design team);
          past performance (prime contractor and design team); technical proposal
          information; management plan; safety; and price.

          With regard to the evaluation of experience and past performance for the prime
          contractor and design team, offerors were instructed to submit up to three projects
          completed within the past 5 years, which were similar in scope, size, and complexity
          to the solicited work. RFP §§ 5.1.1, 5.2.1. Each prime contractor's and design team's

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