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B-401889 1 (2009-12-18)

handle is hein.gao/gaobadbco0001 and id is 1 raw text is: Ii .L A GA O Comptroller General f. A Accountabity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Coastal Environments, Inc. File: B-401889 Date: December 18, 2009 Sherwood M. Gagliano, for the protester. Ralph C. Thomas III, Esq., Barton Baker Thomas & Tolle, LLP for Ecological Communications Corporation, the intervenor. P. Alex Petty, Esq., Department of the Army, Corps of Engineers, 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 is sustained where the record shows that, in making an award on initial proposals, the agency conducted a tradeoff between the two highest-rated, highest- priced proposals, but did not consider in its tradeoff decision the lower prices offered by other lower-rated offerors, whose proposals were nonetheless rated technically acceptable and assessed as low risk. DECISION Coastal Environments, Inc. of Baton Rouge, Louisiana protests the award of a contract to Ecological Communications Corporation (ECC) of Austin, Texas, under request for proposals (RFP) No. W912HY-09-R-0008, issued by the Department of the Army, Army Corps of Engineers, for support services. Coastal challenges the agency's evaluation of proposals and decision to make award to ECC, which received an overall higher rating under the nonprice factors and offered a higher price than the protester. We sustain the protest. BACKGROUND Issued as a small business set-aside, the RFP sought proposals to provide professional marine, terrestrial, and historic cultural resource investigation services in the Texas and Louisiana areas, as well as coordination of these investigations with Native American tribes. The RFP anticipated award of a single fixed-price indefinite-

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