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B-413213 1 (2016-09-08)

handle is hein.gao/gaobadsoo0001 and id is 1 raw text is: G A 0 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Halbert Construction Company, Inc. File: B-413213 Date: September 8, 2016 David S. Demian, Esq., Christopher R. Sillari, Esq., and Jason R. Thornton, Esq. Finch, Thornton & Baird, LLP, for the protester. Katie Slayton, Esq., and Paul Clay, Esq., Department of the Navy, for the agency. Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's past performance evaluation is sustained where the record reflects that the agency engaged in disparate treatment of offerors' past performance. 2. Protest challenging the agency's past performance evaluation is denied where the agency made a reasonable attempt to contact the protester's references. 3. Protest challenging the agency's source selection decision is sustained where the record reflects that the agency erroneously relied upon a non-existent distinction between proposals. DECISION Halbert Construction Company, Inc. (Halbert), of El Cajon, California, protests the exclusion of its proposal from the second phase of the competition under request for proposals (RFP) No. N62473-14-R-0069, issued by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC) Southwest, for design-build services to be performed at various government installations located in California, Arizona, Nevada, Utah, Colorado, and New Mexico. The protester contends that the agency conducted a flawed past performance evaluation and tradeoff analysis. We sustain the protest.

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