About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-415040,B-415040.2,B-415041,B-415041.2 1 (2017-11-08)

handle is hein.gao/gaobadumb0001 and id is 1 raw text is: 



GAO U.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: Intercontinental Construction Contracting, Inc.

File:        B-415040; B-415040.2; B-415041; B-415041.2

Date:        November 8, 2017

Hal J. Perloff, Esq., and Steven A. Neeley, Esq., Husch Blackwell LLP, for the protester.
Carlton A. Arnold, Esq., Department of the Army, for the agency.
Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

In a procurement conducted under the two-phase design-build selection procedures of
Federal Acquisition Regulation subpart 36.3, protest of an agency's evaluation of the
protester's phase one proposal and its decision to exclude the protester from phase two
is denied where the agency's evaluation was reasonable and in accordance with the
solicitation's evaluation criteria.
DECISION

Intercontinental Construction Contracting, Inc. (ICCI) of Passaic, New Jersey, protests
its exclusion from the competitions by the Department of the Army, Corps of Engineers
(Corps) under request for proposal (RFP) No. W912QR-17-R-0039 and RFP No.
W912QR-1 7-R-0040 for the design and construction of full facility restoration projects to
renovate and repair buildings 5509 and 5403, respectively, at Joint Base McGuire-Dix-
Lakehurst in Burlington County, New Jersey. The protester contends that the Corps
failed to engage in communications regarding negative past performance as required by
Federal Acquisition Regulation (FAR) § 15.306, and that the Corps' evaluation of its
past performance was unreasonable. The protester further contends the evaluations of
its technical and past performance proposals were inconsistent, irrational, and
undocumented.

We deny the protests.

BACKGROUND

The RFPs were issued on April 28, 2017, under the two-phase design-build provisions
of FAR subpart 36.3, and were set aside for small businesses. Agency Report (AR),

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most