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B-289100 1 (2002-01-14)

handle is hein.gao/gaobadrfh0001 and id is 1 raw text is: 


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GG         A     0                                      Comptroller General
in A   ,countabilty - tntegrity * Relability        of  the   United States
United States General Accounting               DOCUMENT FOR PUBLIC RELEASE
Office                                      The decision issued on the date below
Washington, DC 20548
                                            was subject to a GAO Protective Order.
                                            This redacted version has been approved

        Decision


        Matter of:      Metcalf Construction Company, Inc.

        File:           B-289100

        Date:           January 14, 2002

        Robert J. Symon, Esq., Spriggs & Hollingsworth, for the
        protester.
        Stephen D. Tom, Esq., White & Tom, for Lend Lease Actus, an
        intervenor.
        Richard G. Welsh, Esq., and Ron R. Ashlock, Esq., Naval
        Facilities Engineering Command, for the agency.
        Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody,
        Esq., Office of the General Counsel, GAO, participated in the
        preparation of the decision.
        DIGEST

        1. Agency did not act improperly in excluding protester's
        proposal from consideration for award where request for
        proposals set cost limitation on each line item and
        protester's price for one line item exceeded the limitation
        for that item.

        2. Agency was not required to reopen discussions to permit
        protester to cure defect in pricing introduced in its final
        proposal revision.
        DECISION

        Metcalf Construction Company, Inc., a small business concern
        located in an historically underutilized business (HUB) zone,
        protests the rejection of its proposal and the award of a
        contract to Lend Lease Actus under request for proposals
        (RFP) No. N62742-00-R-1345, issued by the Department of the
        Navy for the design and construction of military family
        housing at the Marine Corps Base in Kaneohe Bay, Hawaii.
        Metcalf contends that the agency improperly excluded its
        proposal from consideration for award because its price for

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