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B-299523 1 (2007-06-08)

handle is hein.gao/gaocrptaufd0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States 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. This redacted version has been approved for public release. Decision Matter of: Head Inc. File: B-299523 Date: June 8, 2007 Richard D. Lieberman, Esq., and Nicole S. Allen, Esq., McCarthy, Sweeney & Harkaway, PC, for the protester. James H. Roberts, III, Esq., and Carrol H. Kinsey, Jr., Esq., Van Scoyoc Kelly PLLC, for Hi-Way Paving, Inc., an intervenor. Allen E. Sebastian, Esq., Department of the Army, for the agency. Paula A. Williams, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency failed to conduct meaningful discussions with protester by not raising concerns about what was, in essence, an alternate proposal to compress the construction schedule for this effort from 38 months to 11 months, with no supporting documentation, is denied where the protester offered the compressed construction schedule in a two-sentence response to the solicitation's call for betterments, which were defined as components or systems that would exceed the solicitation's stated minimums, and the agency reasonably elected to view the response as inconsistent with the kind of improvements sought by the solicitation, and did not raise the matter during otherwise appropriate discussions, or consider it further in any way. DECISION Head Inc., protests the award of a contract to Hi-Way Paving, Inc., under request for proposals (RFP) No. W912QR-07-R-0005, issued by the Department of the Army, Army Corps of Engineers for airfield runway upgrades at Johnstown-Cambria Airport in Johnstown, Pennsylvania. Head argues that the agency failed to conduct meaningful discussions with the firm which resulted in an unreasonable price/technical tradeoff. We deny the protest. The RFP sought proposals for design-build construction services for airfield runway upgrades. The construction project was divided into a base requirement and six

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