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B-413781 1 (2016-12-30)

handle is hein.gao/gaobadsxq0001 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: Environmental Restoration, LLC File: B-413781 Date: December 30, 2016 Russ Gulledge, Environmental Restoration, LLC, for the protester. Kathleen Clever, Esq., Environmental Protection Agency, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a lowest-priced, technically acceptable procurement, exclusion of protester's proposal from competitive range was not improper where the agency reasonably concluded that the proposal had no reasonable prospect of award, and the protester suffered no prejudice. DECISION Environmental Restoration, LLC (ER), a small business located in St. Louis, Missouri, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. SOL-R7-16-00007, which was issued by the Environmental Protection Agency (EPA), for remediation of mine waste in Cherokee County, Kansas. The protester argues that the agency improperly established the competitive range based solely on price. We deny the protest. BACKGROUND The RFP was issued on June 27, 2016, as a small business set-aside, and seeks the provision of personnel, materials and equipment for the excavation, consolidation, and disposition of mine waste and associated materials.' RFP, PWS 1 The RFP calls for the remediation of mine waste at a sub-site located in the community of Treece, Kansas (referred to as the Treece sub-site) which is part of the Cherokee County Superfund site, is situated along the Kansas-Oklahoma (continued...)

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