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B-402429 1 (2010-04-21)

handle is hein.gao/gaobadbgw0001 and id is 1 raw text is: 




        G     A    O                                                 Comptroller General
     Accounability - Integrity * Reliability                          of the United States
United States Government Accountability Office
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:  James  Construction

         File:       B-402429

         Date:       April 21, 2010

         David E. White, Esq., Babst Calland Clements Zomnir, PC, for the protester.
         David F. Innis, Esq., Department of the Army, for the agency.
         Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency reasonably determined that protester's lower-priced proposal, which
         contained significant weaknesses and risks, was not the best value as compared to
         the awardee's technically superior, higher-priced proposal.
         DECISION

         James Construction, of Carnegie, Pennsylvania, protests the award of a contract to
         Greenleaf Construction Co., Inc., of Kansas City, Missouri, by the United States Army
         Corps of Engineers, Kansas City District, under request for proposals (RFP)
         No. W912DQ-10-R-4008  for the repair and modernization of an advanced individual
         training barracks building at Fort Leonard Wood, Missouri.

         We deny the protest.

         BACKGROUND

         The RFP was issued on November  14, 2009, as a 100-percent small business
         set-aside.' The RFP stated that the award would be made on a best-value basis and
         that an award, without discussions, was intended. RFP at 8, 13. The solicitation's
         four technical factors, listed in descending order of importance--past performance,
         quality of building systems and materials, contract duration and summary schedule,
         and staffing--when combined, were approximately equal to price. RFP at 22-28.


'The RFP  was funded under American Recovery and Reinvestment Act of 2009.

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