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B-412208.3,B-412208.4 1 (2016-02-05)

handle is hein.gao/gaobadrwg0001 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 Decision Matter of: Cascadian American Enterprises File: B-412208.3; B-412208.4 Date: February 5, 2016 Ryan P. Slaughter, for the protester. Francis X. Eugenio, Esq., Department of the Army, Corps of Engineers, for the agency. Laura Eyester, Esq., Cherie J. Owen, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where agency engaged in discussions with the awardee, permitting the awardee to provide a response that was necessary to determine the acceptability of the awardee's proposal, but failed to provide the same opportunity to the protester. DECISION Cascadian American Enterprises (CAE), of Puyallup, Washington, a small business, protests the Department of the Army, Corps of Engineers' award of a contract to Jimmy Church (doing business as Jim's Bobcat Service), of Kingston, Idaho, under request for proposals (RFP) No. W912DW-15-R-0030, for removal of Scot's broom, brush, and other vegetation at Joint Base Lewis-McChord, Washington. CAE argues that the agency unreasonably concluded that CAE's proposal was technically unacceptable; contends that the agency improperly held discussions with other offerors but not CAE; and unlawfully rejected its proposal for responsibility-type factors without consulting the Small Business Administration (S BA). We sustain the protest. BACKGROUND On August 3, 2015, the Army posted the RFP on the Federal Business Opportunities (FedBizOps) website as a combined synopsis/solicitation under the commercial item procedures of Federal Acquisition Regulation (FAR) subpart 12.6.

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