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B-404880.4,B-404880.5,B-404880.6 1 (2011-11-04)

handle is hein.gao/gaobadojh0001 and id is 1 raw text is: 


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G               A     0                                                Comptroller General
~     Acc untabiity * 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.
          D   e c is i o n                          ......................................................................................................................


          Matter of: North Wind, Inc.; Earth Resources Technology, Inc.

          File:        B-404880.4; B-404880.5; B-404880.6

          Date:        November 4, 2011

          Kevin P. Mullen, Esq., and Sarah A. Maguire, Esq., Jenner & Block LLP, for North
          Wind, Inc., and William T. Welch, Esq., and J. Patrick McMahon, Esq., McMahon,
          Welch and Learned, PLLC, for Earth Resources Technology, Inc., the protesters.
          Robert J. Symon, Esq., Aron C. Beezley, Esq., and Daniel P. Golden, Esq., Bradley
          Arant Boult Cummings LLP, for Navarro Research and Engineering, Inc., an
          intervenor.
          Vincent A. Salgado, Esq., and Kevin Love, Esq., National Aeronautics and Space
          Administration, for the agency.
          Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest of agency's re-evaluation of the awardee's proposal, as part of a corrective
          action, is sustained where the agency failed to evaluate the awardee's proposal in
          accordance with the solicitation requirements.
          DECISION

          North Wind, Inc., of Idaho Falls, Idaho, and Earth Resources Technology, Inc. (ERT),
          of Laurel, Maryland, protest the award of a contract to Navarro Research and
          Engineering, Inc., of Oak Ridge, Tennessee, by the National Aeronautics and Space
          Administration (NASA) under request for proposals (RFP) No. NNJ10336475R for
          environmental compliance and restoration work at the White Sands Test Facility in
          Las Cruces, New Mexico.

          We sustain the protests.

          BACKGROUND

          The solicitation, issued on July 27, 2010 as a 100-percent small business set-aside,
          sought environmental restoration and compliance support under an indefinite-
          delivery/indefinite-quantity (ID/IQ) contract. The RFP contained both fixed-price

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