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B-292387,B-292387.3 1 (2003-09-05)

handle is hein.gao/gaobacyki0001 and id is 1 raw text is: 


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         G    A     0Comptroller General
 .    .Accountability * Integrity * Reliability                      of the United States
United States General Accounting Office           DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                The decision issued on the date below was subject to a
                                                    GAO Protective Order. This redacted version has been
                                                    approved for public release.

         Decision

         Matter  of:  Carmon Construction, Inc.

         File:        B-292387; B-292387.3

         Date:        September 5, 2003

         David J. Taylor, Esq., Tighe Patton Armstrong Teasdale, for the protester.
         Gary L. Brooks, Esq., National Archives and Records Administration, for the agency.
         Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency  properly awarded contract to large business offeror with higher evaluated
         price than that of protester, a Historically Underutilized Business Zone small
         business concern, where request for proposals provided for award on a best value
         basis and agency determined that technical superiority of awardee's proposal
         outweighed price differential.
         DECISION

         Carmon  Construction, Inc., a Historically Underutilized Business Zone (HUBZone)
         small business concern, protests the award of a contract to Batson-Cook Company, a
         large business, under request for proposals (RFP) No. NAMAO2SEM0009, issued by
         the National Archives and Records Administration for construction of an archives
         facility in Morrow, Georgia. Carmon contends that its offer should have been
         selected for award because it represents no significant risk to the government and is
         lower in price than Batson-Cook's after application of the 10 percent HUBZone price
         evaluation preference provided for in the RFP.

         We  deny the protest.

         The RFP, which was issued on an unrestricted basis on November 15, 2002,
         contemplated the award of a fixed-price contract to the offeror whose proposal
         represented the best value to the government, with technical factors significantly
         more  important than price. Technical factors and their corresponding weights were
         as follows: experience (20 percent), past performance (20 percent), key personnel
         (20 percent), management plan and schedule (35 percent), and subcontracting plan
         (5 percent).

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