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B-310119 1 (2007-11-07)

handle is hein.gao/gaocrptaujm0001 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 Washington, DC 20548 Decision Matter of: HERA Constructive S.A. File: B-310119 Date: November 7, 2007 Constantinos Fotiadis for the protester. Kate Bazylewicz, Esq., and Tracy M. Humphrey, Esq., Department of the Navy, for the agency. Paul N. Wengert, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is denied where provision in solicitation requiring offerors to present a certificate issued by the Greek government authorizing construction of projects of the cost value, type, and magnitude of the solicitation was reasonably interpreted in accepting certificate submitted by awardee. DECISION HERA Constructive S.A. protests the award of a contract to Michael M. Tsontos S.A. under request for proposals (RFP) No. N33191-05-B-1204 by the Department of the Navy, Naval Facilities Engineering Command, for construction and renovation of the Navy Exchange buildings (known as the NEXMART) at the Naval Support Activity Souda Bay in Crete, Greece. HERA argues that Tsontos was ineligible for award because it does not possess the appropriate construction license, which the RFP required. We deny the protest. BACKGROUND The Navy issued the RFP on June 8, 2007, seeking proposals to renovate the existing NEXMART building and to construct a new NEXMART building. The RFP provided that the contract would be awarded to the offeror whose offer represents the best value to the Government, and listed four equally-weighted non-price evaluation factors: organizational experience, organizational past performance, schedule, and safety. The non-price factors, taken as a whole, were to be approximately equal in importance to the fifth factor, price.

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