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B-405874,B-405874.2 1 (2011-12-16)

handle is hein.gao/gaobadola0001 and id is 1 raw text is: G A O 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. Decision Matter of: W.B. Construction and Sons, Inc. File: B-405874; B-405874.2 Date: December 16, 2011 Lynn Patton Thompson, Esq., Biggs, Ingram, Solop & Carlson, PLLC, for the protester. Maj. John C. Dohn, Department of the Army, and Sam Q. Le, Esq., Small Business Administration, for the agencies. Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency improperly awarded contract is sustained where the record reflects that the legal entity awarded the contract did not participate in the procurement and appears to be a different legal entity from the offering entity. DECISION W.B. Construction and Sons, Inc., of Pierre Part, Louisiana, protests the award of a contract to DQSI, Corporation, of Covington, Louisiana, under request for proposals (RFP) No. W9124E-11-R-0011, issued by the Department of the Army for various types of construction work at Fort Polk, Louisiana. W.B. Construction contends that the award was improper because the awardee was not the offering entity and does not exist, and because the offering entity is not an eligible 8(a) firm. We sustain the protest. BACKGROUND The solicitation, issued July 29, 2011, contemplated the award of a fixed-price, indefinite-delivery/indefinite-quantity contract to an eligible 8(a) firm to provide, over multiple years, road repair, improvement, and infrastructure construction at

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