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B-419687,B-419687.2 Jun 25, 2021 1 (2021-06-25)

handle is hein.gao/gaoman0001 and id is 1 raw text is:  1O  o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
D  ecisio   n                     ;a GAO Protective Order. This redacted version has
been approved for public release.
Matter of:  Kiewit Infrastructure West Company
File:     B-419687; B-419687.2
Date:     June 25, 2021
Douglas L. Patin, Esq., Aron C. Beezley, Esq., and Lisa A. Markman, Esq., Bradley
Arant Boult Cummings LLP, for the protester.
Jacob W. Scott, Esq., Alexander Gorelik, Esq., and Erik M. Coon, Esq., Smith, Currie &
Hancock, LLP, for Hensel Phelps Construction Company, the intervenor.
Lauren Kalaukoa, Esq., Mark Morita, Esq., and Jan E. Takamine, Esq., Department of
the Navy, for the agency.
Kasia Dourney, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest alleging that the awardee's proposal took exception to the requirement to
propose a fixed price by offering a discount for one of the line items is denied where the
solicitation did not prohibit offerors from proposing a discount and where the awardee
was bound to perform at its discounted price.
2. Protest alleging that the awardee's pricing is unbalanced is denied where the
protester fails to make the threshold showing that the agency failed to evaluate the risk
of unbalanced pricing, and where the agency reasonably determined that the risk of
unbalanced pricing was low.
DECISION
Kiewit Infrastructure West Company, of Honolulu, Hawaii, protests the issuance of a
task order to Hensel Phelps Construction Company, under request for proposals (RFP)
No. N62478-20-D-4003/4004/4005/4006/4007/4014/4015, issued by the Department of
the Navy for repair, design, and conversion of existing facilities into administrative
facilities in Oahu, Hawaii. Kiewit challenges the agency's evaluation of Hensel's price
and technical proposals.

We deny the protest.

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