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B-310340.2 1 (2008-04-11)

handle is hein.gao/gaocrptavwq0001 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: Angel Menendez Environmental Services, Inc. File: B-310340.2 Date: April 11, 2008 A. S. Menendez and Gil Bakshi for the protester. Phillipa L. Anderson, Esq., Stacey North Willis, Esq., and Charlma Quarles, Esq., Department of Veterans Affairs, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of award to firm that submitted lower-rated, lower-priced proposal in negotiated procurement where all technical factors combined were approximately equal in importance to cost is denied where protest is based on an unreasonable interpretation of a solicitation provision (calling for selection of lower-priced proposal if technical proposals are found essentially equal) as prohibiting award to lower-priced offeror if technical proposals are not considered essentially equal. DECISION Angel Menendez Environmental Services, Inc. (AMES) protests the award of a contract to Strategic Perspectives Development, LLC under solicitation No. VA-101-07-RP-0030, issued by the Department of Veterans Affairs (VA) for general construction, asbestos abatement, and lead abatement work at the VA Medical Center (VAMC) in San Antonio, Texas. AMES contends that the agency's evaluation and selection of the awardee's proposal were inconsistent with the evaluation scheme provided in the solicitation. We deny the protest. The RFP, issued as a service-disabled veteran-owned small business set-aside procurement, sought proposals for the award of a fixed-price contract for construction services, including architectural construction and work on mechanical, electrical, utility, fire alarm, and fire protection systems. RFP at 1. The RFP advised that the evaluation and award would be made on the basis of both cost and technical considerations most advantageous to the Government .... Id. at 2-3.

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