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B-402123.5 1 (2010-09-03)

handle is hein.gao/gaobadoqs0001 and id is 1 raw text is: 



I     QA                                                                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.
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          Decision

          Matter of:   Environmental Waste Minimization, Inc.

          File:        B-402123.5

          Date:        September 3, 2010

          Wayne A. Keup, Esq., Wayne A. Keup, PLLC, for the protester.
          Avital G. Zemel, Esq., Environmental Protection Agency, for the agency.
          Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency misevaluated protester's proposal is denied where record
          supports agency's evaluation conclusions and protest amounts to no more than
          disagreement with agency's scoring of proposal.
          DECISION

          Environmental Waste Minimization, Inc. (EWM), of Northampton, Pennsylvania,
          protests the award of contracts to Environmental Restoration, LLC (ER), of St. Louis,
          Missouri, and Kemron Environmental Services, Inc., of Atlanta, Georgia, under
          request for proposals (RFP) No. PR-R2-08-10085, issued by the Environmental
          Protection Agency (EPA) for emergency rapid response services. EWM asserts that
          the agency misevaluated its proposal and failed to provide adequate discussions.

          We deny the protest.

          BACKGROUND

          The RFP contemplated the award of three contracts on a best value basis, two to
          be awarded to small businesses and one to a service-disabled, veteran-owned small
          business; this protest concerns the two small business awards. Proposals were to
          be evaluated on the basis of price and non-price factors; the non-price factors
          combined were approximately equal in weight to price for award purposes. RFP at
          M-1 to M-2. Proposals were to be point-scored under the evaluation factors and
          subfactors as follows: management factor--25 possible (of 100 total) points (divided
          between two subfactors--management approach, 15 points, and cost control, 10
          points); past performance--25 possible points; personnel resources--20 points

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