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B-280853 1 (1998-11-24)

handle is hein.gao/gaocrptahxb0001 and id is 1 raw text is: 


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

             Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                                     The decision issued on the date below was subject to a
                                                     GAO Protective Order. This redacted version has been
                                                     approved for public release.




             Matter of: Durocher Dock & Dredge/Black & Veatch, A Joint Venture

             File:       B-280853

             Date:       November 24, 1998

             Peter J. Ippolito, Esq., Iillyer & Irwin, for the protester.
             Mark Christopher, Esq., Ls B. Young, Esq., and George N. Brezna, Esq., Naval
             Facilities Engineering Command, for the agency.
             Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
             GAO, participated in the preparation of the decision.
             DIGEST

             1. Allegation that agency improperly evaluated protester's proposal is denied where
             the record shows that the agency evaluated the proposal in accordance with the
             evaluation factors announced in the solicitation and record reasonably supports
             protester's overall lower technical rating.

             2. Disparities in evaluation ratings among technical evaluators do not establish that
             the evaluation process was flawed or not rationally based in view of the potential
             for disparate subjective judgments of different evaluators on the relative strengths
             and weaknesses of technical proposals.

             3. Allegations by protester whose phase one proposal was reasonably ranked
             eighth, that agency improperly evaluated the first- and fourth-ranked proposals is
             dismissed where, even if protester's allegations were sustained, protester's proposal
             would not be eligible to proceed to phase two of the procurement; protester is not
             an interested party to pursue this aspect of the protest.
             DECISION

             Durocher Dock & Dredge/Black & Veatch, A Joint Venture protests the rejection of
             its proposal under request for proposals (RFP) No. N62467-98-R-0968, issued by the
             Department of the Navy to improve Wharf D, at the Naval Station in Mayport,
             Florida. The protester argues that the evaluation of its proposal was inconsistent
             with the solicitation.


We deny the protest.

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