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B-281244.3 1 (1999-10-01)

handle is hein.gao/gaocrptajft0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                 of the United States
United States General Accounting Office
Washington, DC 20548



         Decision




         Matter of: D&K Construction Company, Inc.

         File:      B-281244.3

         Date:       October 1, 1999


         Bill C. Giallourakis, Esq., for the protester.
         Joseph J. Cox, Esq., U.S. Army Corps of Engineers, for the agency.
         Wm. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency reasonably canceled solicitation where the agency had engaged in several
         rounds of discussions with offerors and the protester's offer remained noncompliant
         with the solicitation requirements while the only other competitor's revised proposal
         was submitted late.
         DECISION

         D&K Construction Company, Inc. protests the cancellation of request for propo sals
         (RFP) No. DACA65-98-R-0010, issued by the U.S. Army Corps of Engineers District,
         Norfolk, Virginia, for site development, design/construction (build) of 35 family
         housing units (two accessible to the handicapped), and renovation of a building as a
         community center at Spicer Village, Picatinny Arsenal, New Jersey. D&K contends
         that it should have received the award based on its proposal.

         We deny the protest.

         The RFP was issued on May 11, 1998. Offerors were to submit their proposals in
         three separate sections: (1) design/technical, (2) offeror performance capability, and
         (3) pro fo rma requirements including representations, certifications, subcontracting
         plan, proposal bonds, Standard Form 1442, and schedule of proposed prices. RFP
         at 00100-19. The design/technical portion of proposals was to be evaluated on the
         basis of the following criteria (with the point scores for each criterion): site design
         (274); site engineering (104); housing unit design (438); housing unit engineering
         (210); community center design and engineering (50); and offeror past performance

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