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B-420205,B-420205.2 Dec 21, 2021 1 (2021-12-21)

handle is hein.gao/gaomom0001 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 Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Cherokee CRC, LLC File: B-420205; B-420205.2 Date: December 21, 2021 Antonio R. Franco, Esq., Jacqueline K. Unger, Esq., Anna R. Wright, Esq., and Anna G. Sullivan, Esq., Piliero Mazza PLLC, for the protester. Aaron H. Reichelson, Esq., Trenam Law, for the intervenor. William B. Blake, Esq., Bureau of Indian Affairs, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency engaged in unequal discussions is denied where the agency's exchanges with the awardee were clarifications, not discussions. 2. Protest that the agency's price realism evaluation of the awardee's proposed price was inadequate is denied where the record shows that the evaluation was consistent with the solicitation. DECISION Cherokee CRC, LLC, a small business of Tulsa, Oklahoma, protests the issuance of an order by the United States Department of the Interior, Bureau of Indian Affairs (BIA), to Walga Ross Group JV (WRG), a small business of Joplin, Missouri, under task order request for proposal (TORFP) No. 140A1621 R0062 for design-build services for an adult detention center in Mescalero, New Mexico. Cherokee alleges the agency's evaluation of WRG's price was improper for several reasons. We deny the protest. BACKGROUND The BIA issued the TORFP on July 2, 2021, under the BIA indefinite-delivery, indefinite- quantity National Multiple Award Construction Contract (NMACC) in accordance with the procedures of FAR part 16. Agency Report (AR), Tab 3, TORFP at 1. The TORFP seeks a contractor to provide design-build services for a 40-bed Mescalero Adult Detention Center in New Mexico. AR, Tab 15, Statement of Work (SOW) at 1-2. The

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