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B-290732 1 (2002-09-25)

handle is hein.gao/gaocrptaogz0001 and id is 1 raw text is: 




          G    A     0                                                  Comptroller General
Accountability * Integrity* Reliability                                 of the United States
United States General Accounting Office             DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: Shumaker Trucking and Excavating Contractors, Inc.

          File:        B-290732

          Date:        September 25, 2002

          Michael T. Zoretic, Esq., and Mark Rosencrantz, Esq., Stanislaw Ashbaugh, for the
          protester.
          Marion T. Cordova, Esq., Department of Agriculture, for the agency.
          Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Challenge to agency's evaluation of protester's proposal is denied where the
          record shows that the agency reasonably evaluated the protester's proposal in
          accordance with the solicitation's evaluation factors.

          2. Agency's decision to select a higher technically rated, higher priced proposal is
          unreasonable where the record shows that the agency mechanically applied the
          solicitation's evaluation methodology; neither the source selection documentation
          nor the evaluation record establish a valid rationale for why the agency found the
          higher priced, higher technically rated proposal to be most advantageous to the
          government.
          DECISION

          Shumaker Trucking and Excavating Contractors, Inc. protests the award of a
          contract to URS Group, Inc., under request for proposals (RFP) No. R1-11-02-001,
          issued by the Forest Service, Department of Agriculture, for the reclamation of the
          New World Mine in Park County, Montana. Shumaker alleges that the evaluation of
          its technical proposal was unreasonable and that the agency's selection decision was
          improper.

          We sustain the protest.

          The RFP, issued on April 1, 2002, contemplated the award of a fixed-price contract
          for the consolidation and capping of mine waste in the McLaren Pit, as the second
          phase of the New World Mine reclamation project. The solicitation established four
          technical evaluation factors: past performance, experience in similar work,

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