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B-311196 1 (2008-04-23)

handle is hein.gao/gaocrptavzh0001 and id is 1 raw text is: 




        G     A A                                                  Comptroller General
                                                                    of the United States
United States Government Accountability Office
Washington, DC20548



         Decision


         Matter of: Marshall Company, Ltd.

         File:       B-311196

         Date:       April 23, 2008

         Johnathan M. Bailey, Esq., and Theodore M. Bailey, Esq., Bailey & Bailey, PC, for the
         protester.
         Carlton A. Arnold, Esq., Army Corps of Engineers, for the agency.
         Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency's evaluation of option pricing is unobjectionable where the record does not
         evidence reasonable certainty that funding is not available or that options will not
         be exercised.
         DECISION

         Marshall Company, Ltd., protests the award of a construction contract to Anthony &
         Gordon Construction Co. (A&G) under request for proposals (RFP) No. W912QR-06-
         R-0058, issued by the Army Corps of Engineers. Marshall contends that the agency
         should not have evaluated the offerors' option prices.

         We deny the protest.

         The RFP, set aside for historically underutilized business zone (HUBZone) small
         businesses, provided for award of a fixed-price contract to design and construct a
         120,000 square-foot controlled humidity warehouse with a 1,200 square-foot
         administrative area in Corpus Christi, Texas. RFP at 1. Award was to be made on a
         best value basis, considering experience, past performance, technical proposal
         information, management, and price. Id. amend. 1, § 114, at 1-9. All of the non-price
         factors, when combined, were considered equal to price. Id. at 2.

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