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B-419238 1 (2021-01-07)

handle is hein.gao/gaobaecni0001 and id is 1 raw text is: 


                   1Oo U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                                A Century of Non-Partisan Fact-Based Work
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:   Fisher Sand & Gravel Company

File:        B-419238

Date:     January 7,   2021

Scott R. Sleight, Esq., and Ellie Perka, Esq., Ahlers Cressman & Sleight PLLC, for the
protester.
Grant H. Willis, Esq., Cherie J. Owen, Esq., and Robin A. Overby, Esq., Jones Day, for
Southwest Valley Constructors Company, the intervenor.
Alexandria P. Tramel, Esq., Department of the Army, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest that technical evaluation was unreasonable because the ratings assigned
differed from ratings assigned by different evaluators under a different solicitation fails to
state a valid basis for protest.

2. Protest challenging agency's best-value tradeoff determination is denied where the
determination was reasonable, consistent with the terms of the solicitation, and
adequately documented.
DECISION

Fisher Sand & Gravel Company,  of Dickinson, North Dakota, protests the Department of
the Army, Corps of Engineers' award of a task order to Southwest Valley Constructors
Company   (SWVC), pursuant to request for proposals (RFP) No. W9126G20R0087, for
the design and construction of approximately 13 miles of border barrier in Laredo,
Texas.1 Fisher protests the agency's evaluation of Fisher's proposal under the non-
price evaluation factors, and asserts that the agency failed to reasonably perform and/or
document  its best-value tradeoff determination.

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


1 The procurement is titled the Laredo North Design-Build Border Infrastructure Project
and generally referred to as Laredo North. Agency Report (AR), Tab 3, RFP at 1, 4.

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