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B-415042,B-415042.2 1 (2017-11-07)

handle is hein.gao/gaobaduhg0001 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:   Harper Construction Company, Inc.

File:        B-415042; B-415042.2

Date:        November 7, 2017

Richard B. Oliver, Esq., J. Matthew Carter, Esq., Mary E. Buxton, Esq., Pillsbury
Winthrop Shaw Pittman LLP, for the protester.
R.J. Pinto, Esq., Robert J. Marks, Esq., for Straub Construction, Inc., the intervenor.
Deana Jaeger, Esq., Department of the Navy, for the agency.
Robert T. Wu, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest that the agency unreasonably found the protester's proposal to be unacceptable
under the experience factor is sustained where there was a latent ambiguity in the terms
of the solicitation.
DECISION

Harper Construction Company, Inc., of San Diego, California, protests the award of a
task order to Straub Construction, Inc., of Fallbrook, California, by the Department of the
Navy, Naval Facilities Engineering Command, under request for proposals (RFP)
No. N62473-15-D-2434-X007 for construction services at Marine Corps Air Station,
Yuma, Arizona. Harper challenges the evaluation of the firm's proposal and argues, in
the alternative, that its proposal should not have been rejected because the solicitation
is latently ambiguous.

We sustain the protest.

BACKGROUND

The RFP, issued on March 31, 2017, sought proposals for construction services from
holders of the agency's indefinite-delivery, indefinite-quantity (IDIQ), unrestricted
multiple award construction contract (MACC) for new construction and renovation of
commercial and institutional building construction projects at various government
installations located in Arizona, California, Colorado, Nevada, New Mexico and Utah.
Agency Report (AR), Tab 12, IDIQ MACC, at 1. The project included the construction of

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