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B-413558.4 1 (2017-02-08)

handle is hein.gao/gaobadtbt0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: 4H Construction Corporation File: B-413558.4 Date: February 8, 2017 S. Leo Arnold, Esq., Ashley, Ashley & Arnold, for the protester. James W. Cullum, Esq., Department of the Army, Corps of Engineers, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging propriety of government estimate is dismissed for failure to diligently pursue the information necessary to raise the allegation where record shows that protester was afforded an opportunity to exchange its bid estimate information with the agency's government estimate information but the protester declined to make the exchange. DECISION 4H Construction Corporation, of Cleveland, Mississippi, protests the actions of the Department of the Army, Corps of Engineers, in connection with solicitation No. W9127S-16-B-0001, issued to acquire dredging services. 4H argues that the agency unreasonably has determined to convert the acquisition from a sealed bid procurement to a negotiated procurement based on a finding that the prices received in response to the invitation for bids (IFB) were unreasonably high. We dismiss the protest. The agency issued an IFB to obtain dredging services for a base year and two 1-year options. In response to the IFB, the agency received three timely bids by the July 28, 2016, bid opening date, including the bid of the protester, which was the low bid received. Agency Report (AR) exh. 11, Bid Abstract. After reviewing the bids, the agency determined that all three were unreasonably high priced, and that it could not make award on the basis of the bids submitted. In this connection, the record shows that the agency made its determination regarding the unreasonableness of the prices by comparing them to a government estimate

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