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B-294425 1 (2004-09-14)

handle is hein.gao/gaocrptapoq0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: T. J. Lambrecht Construction, Inc. File: B-294425 Date: September 14, 2004 Kenneth A. Carlson, Esq., and Melanie D. Manning, Esq., Tracy, Johnson & Wilson, for the protester. Patrick A. Mysliwy, Esq., Maish & Mysliwy, an intervenor. Sanford A. Solomon, Esq., U.S. Army Corps of Engineers, for the agency. Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester's allegation that agency misevaluated its proposal is denied where record shows agency's determination that protester's proposal was unacceptable was reasonable and consistent with evaluation factors. DECISION T.J. Lambrecht Construction, Inc. (TJL) protests the U.S. Army Corps of Engineers' award of a contract to Dyer Construction Company under request for proposals (RFP) No. W912P6-04-R-0001, for flood control on Deer Creek, Ford Heights, Illinois. TJL challenges the evaluation, and resulting rejection, of its proposal. We deny the protest. The RFP, issued on May 10, 2004, provided for award of a fixed-price contract to widen the channel along Deer Creek, excavate two shallow reservoirs, and build a concrete spillway and various culverts and headwalls. Award was to be made to the offeror submitting the lowest-priced, technically acceptable offer. The RFP provided that, in order for a proposal to be considered technically acceptable, it had to receive a go rating under each of eight evaluation factors, which covered areas such as past performance, ability to excavate material, ability to haul material, experience working below water level, and experience building cast-in-concrete structures. The solicitation specifically required that the information presented in the proposal provide more than superficial coverage of the areas to be addressed in the technical proposal. RFP at 20.

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