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B-409196 1 (2014-02-06)

handle is hein.gao/gaobadqbp0001 and id is 1 raw text is: ~GAO Aon tbiity * intgrty Reiiabikty United States Government Accountability Office Washington, DC 20548 Decision Matter of: File: Date: Comptroller General of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. L ................................................................................................................. lyabak Construction, LLC B-409196 February 6, 2014 William K. Walker, Esq., Walker Reausaw, for the protester. Carl F. Olson, Esq., and Michael H. Gilbert, Esq., Corps of Engineers, for the agency. Gary R. Allen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST A solicitation that provides that the experience and past performance of an offeror's affiliates will not be considered, even for proposals that demonstrate that affiliates will participate meaningfully in contract performance, is unduly restrictive of competition where the agency fails to provide an explanation--even during or after a hearing on the question--that sets forth a reasonable basis for the restriction. DECISION lyabak Construction, LLC, of Anchorage, Alaska, protests the terms of request for proposals (RFP) No. W91 1 KB-1 3-R-0039, issued by the Department of the Army, Corps of Engineers, for the design, construction and repairs of various utilidor systems on Eielson Air Force Base and other military installations in Alaska. The protester challenges the RFP's experience and past performance evaluation criteria as unduly restrictive of competition. We sustain the protest. BACKGROUND The RFP, issued as a small business set-aside, provides for the award of up to three task order contracts for design, construction, and repairs at Eielson Air Force

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