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B-422162,B-422162.2,B-422162.3 Feb 01, 2024 1 (2024-02-01)

handle is hein.gao/gaopwk0001 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

De^cson                                        DOCUMENT  FOR  PUBLIC RELEASE
   Deis   ion
                                             The decision issued on the date below was subject to
                                             a GAO Protective Order. This redacted version has
Matter of:  Conti Federal Services, LLC  been approved for public release.

File:       B-422162; B-422162.2; B-422162.3

Date:       February 1, 2024

Scott F. Lane, Esq., Jayne Marie Rust, Esq., Katherine S. Nucci, Esq., and Jeffrey S.
Newman,  Esq., Thompson  Coburn LLP, for the protester.
Gary J. Campbell, Esq., and Jedidiah K. R. Blake, Esq., Perkins Coie, for Charter
Contracting Company, LLC, the intervenor.
Jenna N. Gustafson, Esq., and Katherine D. Denzel, Esq., Department of the Army, for
the agency.
Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging agency's cost realism evaluation is sustained where record shows
agency made  unreasonable upward adjustments that raised protester's most probable
cost above awardee's.
DECISION

Conti Federal Services, LLC, a small business of Orlando, Florida, protests the award of
a contract to Charter Contracting Company, LLC, a small business of Boston,
Massachusetts, under request for proposals (RFP) No. W912WJ-22-R-0014, issued by
the Department of the Army, United States Army Corps of Engineers (USACE) for
environmental remediation services. The protester primarily challenges the agency's
cost realism evaluation.

We  sustain the protest.

BACKGROUND

On September  21, 2022, using the procedures of Federal Acquisition Regulation (FAR)
part 15, the agency issued the solicitation as a small business set-aside, seeking
proposals for environmental remediation services at the Durham Manufacturing
Company  superfund site located in Durham, Connecticut.1 Contracting Officer's

1 A superfund site is land contaminated by hazardous waste in the United States which
has been identified by the Environmental Protection Agency (EPA) as a candidate for
                                                                    (continued...)

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