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B-410211 1 (2014-11-17)

handle is hein.gao/gaobadqsz0001 and id is 1 raw text is: SGAO ~Accountability * Integrity * Reliability 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 ................................................................................................................. Pate Construction Co., Inc. B-410211 November 17, 2014 Ryan J. Klein, Esq., Sherman & Howard LLC, for the protester. Christopher S. Cole, Esq., Department of the Air Force, for the agency. Gary R. Allen, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that the terms of a solicitation contained a latent ambiguity is dismissed as untimely where the ambiguity is patent and was not challenged prior to the closing time for receipt of proposals. 2. Protest challenging the propriety of an agency's evaluation is denied where the evaluation was consistent with the criteria set forth in the solicitation. DECISION Pate Construction Co., Inc., of Pueblo West, Colorado, protests the award of a contract to NM Industries, LLC (NMI), of Denver, Colorado, under request for proposals (RFP) No. FA7000-14-R-0012, issued by the Department of the Air Force for the repair of high-temperature hot water lines located at the United States Air Force Academy in Colorado Springs, Colorado. Pate argues that the RFP was latently ambiguous, that the Air Force improperly evaluated proposals, and that the awardee's price was unreasonably low. We dismiss the protest in part and deny it in part. BACKGROUND The RFP, issued on May 9, 2014, solicited proposals to replace existing underground high temperature hot water lines serving the cadet area and community center at the United States Air Force Academy in Colorado Springs, Colorado. RFP at 1. Drawings included with the RFP indicated that the work was

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