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B-414307,B-414307.2 1 (2017-05-01)

handle is hein.gao/gaobadtky0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
                                          .......................................................................................................................
                                             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:   Pond Constructors, Inc.

File:        B-414307; B-414307.2

Date:        May 1, 2017

David A. Rose, Esq., The Rose Consulting Law Firm, LLC, for the protester.
J. Randolph MacPherson, Esq., Halloran & Sage LLP, for the intervenor.
Karen L. King Vanek, Esq., Department of the Army, Corps of Engineers, for the
agency.
Young S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging the evaluation of protester's proposal is denied where record
shows that the agency's evaluation was reasonable and consistent with the terms of the
solicitation.

2. Protest alleging that agency failed to conduct cost realism analysis is dismissed
where solicitation contemplated the award of a fixed-price contract and no cost realism
analysis was required.

3. Protest challenging the agency's evaluation of protester's proposal and source
selection decision is denied where the protester fails to demonstrate competitive
prejudice, because it does not demonstrate that, but for the alleged errors, it would have
had a substantial possibility of receiving the award.
DECISION

Pond Constructors, Inc. of Norcross, Georgia, protests the award of a contract to Tetra
Tech - Maytag Joint Venture of Pasadena, California, under request for proposals
(RFP) No. W912DY-16-R-0069 issued by the Department of the Army, Corps of
Engineers, for recurring maintenance and minor repair services. The protester argues
that the agency improperly evaluated its proposal and contends that the Army's source
selection decision is flawed.

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