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B-270505.2 1 (1996-09-12)

handle is hein.gao/gaocrptadzf0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                  DOCUMENT FOR PUBLIC RELEASE
                                         A protected decision was issued on the date below
                                         and was subject to a GAO Protective Order. This
                                         version has been redacted or approved by the parties
                                         involved for public release.


Matter of: Brown & Root, Inc. and Perini Corp., a joint venture

File:        B-270505.2; B-270505.3

Date:        September 12, 1996

Rand L. Allen, Esq., Paul F. Khoury, Esq., Christopher R. Yukins, Esq., and Phillip H.
Harrington, Esq., Wiley, Rein & Fielding, for the protester.
Kathleen C. Little, Esq., David R. Johnson, Esq., Robert J. Rothwell, Esq.,
McDermott, Will & Emery, for H.B. Zachry Company, The Parsons Corporation, and
Sundt Corp., a joint venture, the intervenor.
Dennis J. Gallagher, Esq., Department of State, for the agency.
John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Where agency brought principal concerns about the protester's proposal to the
attention of the protester and since various other weaknesses, both individually and
in toto, did not prevent the protester from having a reasonable chance for award,
the agency's failure to point out those other weaknesses did not deprive the
protester of meaningful discussions; agency was not required to hold discussions
regarding every weakness identified in the protester's proposal.

2. Where a solicitation lists evaluation factors and subfactors in descending order
of importance, each factor listed and each subfactor within each factor is of
decreasing weight; such an evaluation scheme does not indicate that the subfactors
of lower-weighted factors are necessarily of less individual weight than subfactors
of higher-weighted factors.

3. Agency scoring and weighting method used to evaluate and rank offers was
consistent with the evaluation scheme stated in the solicitation and did not produce
an irrational award selection result.

4. Protester was not prejudiced by the agency's alleged waiver of a requirement
that potential offerors have certain security clearances by an established date where
the record does not evidence that had the protester been aware of the allegedly
relaxed requirement, it would have submitted a different proposal that would have
had a reasonable possibility of award.


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