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B-405180.2 1 (2011-11-28)

handle is hein.gao/gaobadokn0001 and id is 1 raw text is: A 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. D e c i s i o n ---------------------------------------------------------------------------------------------------------------------- Matter of: The Ross Group Construction Corporation File: B-405180.2 Date: November 28, 2011 Henry E. Steck, Esq., Harrison Steck, P.C., for the protester. Johnathan M. Bailey, Esq., Bailey & Bailey, P.C., for Blackhawk Ventures, LLC, an intervenor. Martin Chu, Esq., and Charles L. Webster, Esq., Department of the Army, Corps of Engineers, for the agency. Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency had no reasonable basis for its selection of awardee's higher-priced proposal is sustained where the source selection decision was based on the awardee's evaluated superiority for past performance, even though the awardee's proposal failed to comply with the solicitation's stated requirements under the past performance factor. DECISION The Ross Group Construction Corporation, of Tulsa, Oklahoma, protests the Department of the Army, Corps of Engineers' award of a task order to Blackhawk Ventures, LLC, under request for proposals (RFP) W9126G-11-R-0004 for the construction of a battle command training center at Fort Sam Houston, Texas.' Ross protests, among other things, that the agency unreasonably justified the selection of Blackhawk's higher-priced proposal based on Blackhawk's evaluated past ' The solicitation was issued to holders of a small business multiple award task order contract (MATOC), including Ross and Blackhawk. While we recognize that the solicitation here was, in actuality, a request for task order proposals, we are adopting the language of the agency in referring to the RFP, offerors, and proposals.

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