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B-406809 1 (2012-09-05)

handle is hein.gao/gaobadpaf0001 and id is 1 raw text is: 




          G     A    O                                                   Comptroller General
r       Accountablity * 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:  Triumvirate Environmental, Inc.

           File:       B-406809

           Date:       September 5, 2012

           Dustin Hecker, Esq., Posternak Blankstein & Lund, LLP, for the protester.
           Jeanne S. Morris, Esq., Department of Veterans Affairs, for the agency.
           Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest is sustained where agency unreasonably evaluated the protester's pricing
           as unbalanced and conducted a technical-price tradeoff without meaningfully
           considering the lower prices set forth in the protester's quotation.
           DECISION

           Triumvirate Environmental, Inc., of Somerville, Massachusetts, the incumbent
           contractor, protests the establishment of a blanket purchase agreement (BPA) with
           Clean Harbors Environmental Services, of Norwell, Massachusetts, by the
           Department of Veterans Affairs (VA), under request for quotations (RFQ) No.
           VA-241-12-R-0306, for hazardous waste removal in veterans integrated service
           network area 1 (VISN 1).

           We sustain the protest.

           BACKGROUND

           The VA issued the RFQ on March 27, 2012, for the purpose of establishing a BPA
           pursuant to the terms of a single vendor's General Services Administration (GSA)
           Federal Supply Schedule (FSS) contract for hazardous waste removal services.
           The RFQ established a best value evaluation scheme considering price and two
           non-price factors (past performance and technical), and indicated that the non-price
           factors, when combined, are significantly more important than price. RFQ at 51.
           The technical factor included three subfactors--management approach, licenses
           and education, and emergency response--but the RFQ advised that quotations
           would not be rated at the subfactor level; rather, the technical subfactors would be

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