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B-411551 1 (2015-08-25)

handle is hein.gao/gaobadrlc0001 and id is 1 raw text is: G A O Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision n approved for public release. Matter of: Phillips and Jordan, Inc. File: B-411551 Date: August 25, 2015 Darwin A. Hindman, III, Esq., and Joshua A. Mullen, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., for the protester. Susan E. Symanski, Esq., Department of the Army, for the agency. Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's evaluation and rejection of the protester's proposal as technically unacceptable is denied where the record reflects that the agency reasonably found that the protester's proposal took exception to the solicitation's requirements, and failed to address this defect during discussions. DECISION Phillips and Jordan, Inc. (P&J), of Knoxville, Tennessee, protests the elimination of its proposal from the competition under request for proposals (RFP) No. W912EP- 14-R-001 6, which was issued by the Department of the Army, Army Corps of Engineers, Jacksonville District, for the construction of the C-44 Reservoir/ Stormwater Treatment Area Project, in Martin County, Florida. P&J argues that its proposal was improperly eliminated from the competition because the agency unreasonably determined that its proposal was unacceptable under two evaluation factors. We deny the protest. BACKGROUND The Army issued the RFP on December 29, 2014, seeking the construction of an above-ground reservoir, discharge canal, and associated structures to capture water from the C-44 Basin in Martin County, Florida. The solicitation anticipates the issuance of a fixed-price contract, with a period of performance of 1,552 calendar days, plus 90 days for grass establishment, after the notice to proceed. RFP at 79.

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