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B-401871.4 1 (2010-02-01)

handle is hein.gao/gaobadbfg0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability 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:  ZAFER  Construction Company

          File:        B-401871.4

          Date:        February 1, 2010

          Sam Z. Gdanski, Esq., Gdanski & Gdanski, LLP, for the protester.
          Patrick D. Bowman, Esq., Department of the Army, Corps of Engineers, for the
          agency.
          Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest challenging agency's corrective action, which included terminating the
          awarded contract and allowing all offerors whose proposals were in the competitive
          range to submit a revised proposal, is denied where the agency reasonably
          concluded that offerors should be given the opportunity to submit completely
          revised proposals because the time lapse since proposals were first submitted
          suggests that the original price proposals may no longer accurately reflect the cost of
          the project.
          DECISION

          ZAFER  Construction Company,  of Ankara, Turkey, protests the terms of corrective
          action announced by the Department of the Army, Army Corps of Engineers, in
          response to earlier protests filed by Contrack International, Inc., of McLean, Virginia.
          Contrack had protested the decision to award a contract to ZAFER, under request
          for proposals (RFP) No. W917PM-09-R-0075 for design and construction of an
          ammunition  supply point at Bagram Airfield, Afghanistan. In this protest, ZAFER
          objects to the Army's plan to allow competitive range offerors to submit completely
          revised proposals, including price revisions, instead of limiting the revisions solely to
          the project management plan evaluation factor issue.

          We deny the protest.

          BACKGROUND

          The RFP was  issued on May 25, 2009, and provided for a best value evaluation on
          the basis of the following factors listed in descending order of importance:

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