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B-400706 1 (2009-01-14)

handle is hein.gao/gaobadasb0001 and id is 1 raw text is: JiL AL G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Granite Construction Company File: B-400706 Date: January 14, 2009 Brian Dowd for the protester. James H. Roberts III, Esq., and Carrol H. Kinsey Jr., Esq., Van Scoyoc Kelly PLLC, for Baldi Brothers, Inc., the intervenor. Bryan C. Naquin, Esq., and Paul Clay, Esq., Department of the Navy, Naval Facilities Engineering Command, for the agency. Paula A. Williams, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging evaluation of protester's technical proposal as unacceptable is denied where record demonstrates agency reasonably concluded that protester's offered small business subcontracting plan did not meet the solicitation's subcontracting requirements or provide sufficient rationale supporting its lower goals; protester's arguments amount to mere disagreement with agency's conclusions. DECISION Granite Construction Company (Granite) of Sacramento, California, protests the award of a contract to Baldi Brothers, Inc., of Beaumont, California, under request for proposals (RFP) No. N62473-08-R-2206, issued by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC) for runway repairs at Travis Air Force Base (AFB) in California. The protester argues that the agency improperly evaluated its proposal as technically unacceptable. 1 The protester was not represented by counsel and, therefore, did not have access to nonpublic information pursuant to the terms of a protective order. Accordingly, our discussion in this decision is necessarily general in nature to avoid reference to nonpublic information. Our conclusions, however, are based on our review of the entire record, including nonpublic information.

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