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B-420355.6,B-420355.7 Aug 01, 2023 1 (2023-08-01)

handle is hein.gao/gaopai0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 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: Unico Mechanical Corporation File: B-420355.6; B-420355.7 Date: August 1, 2023 Jacob W. Scott, Esq., and Charles F. Blanchard, Esq., Smith, Currie & Hancock, LLP, for the protester. Elisabeth A. Dixon, Esq., Department of the Army, for the agency. Christopher Alwood, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging waiver of Buy American Act is sustained where waiver request did not include a reasonable market survey to support the requester's claim of unreasonable cost. DECISION Unico Mechanical Corporation, a small business of Benicia, California, protests the award of a contract to McMillen, LLC, of Boise, Idaho under request for proposals (RFP) No. W9127N-21-R-0005, which was issued by the Department of the Army, United States Army Corps of Engineers (Corps), for construction at the Cougar Dam power plant in Lane County, Oregon. The protester argues that the agency improperly granted a waiver of the Buy American Act, improperly evaluated proposals, and made an unreasonable best-value tradeoff decision. We sustain the protest. BACKGROUND The procurement at issue relates to the powerhouse at the Cougar Dam, which relies on two butterfly valves to shut off the flow of water to the generator turbines. Contracting Officer's Statement (COS) at 1. These valves, which were placed into service in the 1960s, have developed defects affecting their safety and reliability. Id. at 1-2.

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