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B-407337 1 (2012-11-20)

handle is hein.gao/gaobadpex0001 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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Johnson Controls, Inc. File: B-407337 Date: November 20, 2012 David R. Johnson, Esq., Jenny J. Yang, Esq., and Elizabeth A. Krabill, Esq., Vinson & Elkins LLP, for the protester. Ryan A. Black, Esq., Department of the Army, Corps of Engineers, for the agency. Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In procurement conducted under two-phase design-build selection procedures, protest of agency's decision to eliminate protester's phase 1 proposal from further competition is denied where the record shows that the agency reasonably found the proposal technically unacceptable. DECISION Johnson Controls, Inc., of Gaithersburg, Maryland, protests the exclusion of its proposal from phase two of a two-phase design-build competition under request for proposals (RFP) No. W912DY-1 1 -R-0040, issued by the Department of the Army, Corps of Engineers, for the construction of projects supporting energy conservation and the development of alternative energy. Johnson Controls argues that the agency improperly evaluated its phase 1 proposal and unreasonably eliminated it from further competition. We deny the protest. BACKGROUND The solicitation, issued January 20, 2012, anticipated the award of multiple fixed-price, indefinite-delivery/indefinite-quantity task order contracts for the design/build construction of projects that support energy conservation and the development of alternative energy within and outside of the continental United States. RFP at 3. The total estimated contract capacity was $600 million. This

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