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B-409131 1 (2014-01-13)

handle is hein.gao/gaobadpzw0001 and id is 1 raw text is: ' G A O Comptroller General ! Accountablity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: RQ Construction, LLC File: B-409131 Date: January 13, 2014 Reginald M. Jones, Esq., and Nicholas T. Solosky, Esq., Fox Rothschild LLP, for the protester. Theodore K. Stream, Esq., Gresham Savage Nolan & Tilden, for Stronghold Engineering, Inc., the intervenor. Scott W. Johansen, Esq., Department of the Navy, for the agency. Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging an agency's affirmative determination of responsibility based on allegations in a civil lawsuit filed in state court is denied where the record demonstrates that the agency had no reason to be aware of that information, and where the information consists only of unproven accusations. 2. An agency's selection of the awardee's lower-rated, lower-priced proposal was consistent with the solicitation's best-value basis for award, where the agency considered the technical merit of respective proposals but concluded that the protester's higher technical merit did not justify the price premium. DECISION RQ Construction, LLC (RQC), of Carlsbad, California, protests the award of a contract to Stronghold Engineering, Inc., of San Diego, California, under request for proposals (RFP) No. N62473-13-R-4204, issued by the Department of the Navy for repair of heating, ventilation, air conditioning, and ductwork systems at the Naval Medical Center in San Diego, California. RQ challenges the agency's affirmative determination of Stronghold's responsibility and the adequacy of the agency's best-value decision. We deny the protest.

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