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B-406024.4 1 (2012-08-22)

handle is hein.gao/gaobadozs0001 and id is 1 raw text is: 




          G     A    O0                                                  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                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:   J.R. Conkey & Associates, Inc. dba Solar Power Integrators

           File:        B-406024.4

           Date:        August 22, 2012

           David S. Demian, Esq., Christopher R. Sillari, Esq., and Rodrigo F. Moreira, Esq.,
           Marks, Finch, Thornton & Baird, LLP, for the protester.
           Shaquana L. Cooper, Esq., Charlma Quarles, Esq., and Phillipa L. Anderson, Esq.,
           Department of Veterans Affairs, for the agency.
           Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest is sustained where the record shows the evaluation of protester's proposal
           was unreasonable and, in making the award decision, the agency conducted a
           tradeoff only between the three proposals with the highest point scores but did not
           consider the lower prices offered by other apparently technically acceptable lower-
           rated offerors, including protester.
           DECISION

           J.R. Conkey & Associates, Inc., dba Solar Power Integrators (SPINT), of Roseville,
           California, protests the award of a contract to R.E.M. Construction Co., of
           Pasadena, California, under request for proposals (RFP) No. VA-1 01-11 -RP-0021,
           issued by the Department of Veterans Affairs (VA) for construction of a 3.3
           megawatt (MW) photovoltaic system at the VA Southern Nevada Healthcare
           System Medical Center in North Las Vegas, Nevada. SPINT argues that the VA
           improperly evaluated its proposal and made an inadequate price/technical tradeoff
           decision.

           We sustain the protest.

           BACKGROUND

           The RFP, issued on June 7, 2011, contemplated the award of a fixed-price contract
           for the provision of all labor, materials, supplies, transportation, equipment, and
           supervision necessary to provide a photovoltaic system. The system will be

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