HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadbmh0001 and id is 1 raw text is:
G A O Comptroller General
KWn , 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: Innovative Builders, Inc.
File: B-402507.2
Date: September 15, 2010
Cody W. Waters, Esq., for the protester.
Mary Elizabeth Hall, Esq., and Judson R. Jones, Esq., Mockbee Hall Drake & Hodge,
P.A., for Hemphill-Key Joint Venture, the intervenor.
Deborah J. Shoemake, Esq., Megan 0. Jorns, Esq., and Stephen L. Sowell, Esq.,
Department of the Army, Corps of Engineers, for the agency.
Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest of the agency's evaluation of the protester's past performance is denied
where record shows that the agency reasonably determined that the protester's past
performance projects were not relevant or recent.
DECISION
Innovative Builders, Inc., of Bay Saint Louis, Mississippi, protests the award of a
contract to Hemphill-Key Joint Venture (HKJV), of Florence, Mississippi, under
request for proposals (RFP) No. W91278-09-R-0101, issued by the Department of the
Army, Corps of Engineers, for the construction of a seawall and related work.
Innovative challenges the agency's determination that the firm lacked recent,
relevant past performance.
We deny the protest.
BACKGROUND
The RFP, issued on September 23, 2009, contemplated the award of a fixed-price
contract to construct a concrete seawall and other work in Bay Saint Louis.
Specifically, the work consisted of
[c]onstructing a new approximately 5,600 long feet stepped and
reinforced concrete seawall with a vinyl, sheet pile cut off;
constructing a new approximately 800 feet long vinyl sheet pile,](ViewImageLocal?handle=hein.gao/gaobadbmh0001&div=1&collection=&method=preview&ext=.png&size=3)