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B-310902 1 (2008-03-03)

handle is hein.gao/gaocrptavyk0001 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: Ceres Environmental Services, Inc.

          File:        B-310902

          Date:        March 3, 2008

          Karl Dix, Jr., Esq., and John S. Tobey, Esq., Smith, Currie & Hancock LLP, for the
          protester.
          Amy Pereira, Esq., U.S. Army Corps of Engineers, for the agency.
          Paula J. Haurilesko, Esq., and Ralph 0. White, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that the agency improperly used negotiated procedures instead of sealed
          bidding procedures to solicit proposals to construct a drainage canal is denied where
          the agency reasonably concluded that the importance of completing the project
          justified an accelerated construction schedule and, as a consequence, necessitated
          consideration of non-price factors in selecting a proposal.
          DECISION

          Ceres Environmental Services, Inc., protests the use of negotiated procedures by the
          U.S. Army Corps of Engineers in soliciting offers to construct an intake canal as part
          of the Southeast Louisiana Urban Flood Control Project (SELA) under request for
          proposals (RFP) No. W912P8-07-R-0103.

          We deny the protest.

          The intake canal project is the final phase of the Dwyer Road project, a three-phase
          project under SELA.' Agency Report (AR), Tab A, Legal Memorandum, at 1. The
          first phase involved construction of a larger canal to discharge water from the
          pumping station to Lake Pontchartrain via the Inner Harbor Navigation Canal and


          1 SELA was established in 1996, in response to severe flooding the year before, to
          improve flood control and drainage within three parishes in and around New
          Orleans.

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