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B-416836,B-416836.2 1 (2018-12-18)

handle is hein.gao/gaobadvjj0001 and id is 1 raw text is: 



G     A     O       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 a
GAO Protective Order. No party requested redactions; we
are therefore releasing the decision in its entirety.


Decision


Matter of:   Benaka Inc.


File:

Date:


B-416836; B-416836.2

December 18, 2018


Donald J. Walsh, Esq., Wright, Constable & Skeen, LLP, for the protester.
Scott N. Flesch, Esq., Frank A. March, Esq., and Lieutenant Colonel Andrew J. Smith,
Department of the Army, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that agency misevaluated protester's proposal as technically unacceptable
under requirement for construction schedule that included a maximum of 30 activities
and or milestones is denied where agency reasonably evaluated protester's schedule
having over 160 activities as noncompliant and thus unacceptable.

2. Protest that agency misevaluated awardee's proposal as acceptable because its
schedule allegedly combined some items, omitted others, and used an impractical
scheduling sequence, is dismissed where protester's proposal was unacceptable and at
least one other offeror submitted an acceptable proposal and was thus in line for award.
DECISION

Benaka Inc., of New Brunswick, New Jersey, a small business, protests the rejection of
its proposal and the award of a contract to Ranco Construction Inc., of Southampton,
New Jersey, also a small business, by the Department of the Defense, National Guard
Bureau, under request for proposals (RFP) No. W912KN-1 8-R-6000 for construction of
a fuel cell/corrosion control facility at the New Jersey Air National Guard (NJANG)
177th Fighter Wing, in Egg Harbor Township, New Jersey. Benaka argues that NJANG
misevaluated both firms' proposals and unreasonably awarded the contract to Ranco at
a higher price.


We deny the protest in part and dismiss it in part.

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