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B-403085,B-403085.2 1 (2010-09-21)

handle is hein.gao/gaobadbmm0001 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:  Structural Associates, Inc.

          File:        B-403085; B-403085.2

          Date:        September 21, 2010

          David S. Cohen, Esq., John J. O'Brien, Esq., and William Bainbridge, Esq., Cohen
          Mohr LLP, for the protester.
          James H. Roberts III, Esq., Van Scoyoc Kelly, for the intervenor.
          Stephen L. Sowell, Esq., and Deborah J. Shoemake, Esq., Department of the Army,
          for the agency.
          Scott H. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly eliminated protester's proposal from award
          consideration is denied, where record shows that solicitation called for specific
          information not furnished by the protester, and also expressly stated that a proposal
          would be eliminated from consideration for award without the required information.
          DECISION

          Structural Associates, Inc. (SA), of Syracuse, New York, protests the award of a
          contract to Mid Eastern Builders, Inc. (MEB), of Chesapeake, Virginia, under request
          for proposals (RFP) No. W91278-10-R-0039, issued by the Department of the Army,
          U.S. Army Corps of Engineers, for construction of improvements to the aircraft
          fueling facilities at Eglin Air Force Base, Florida. SA asserts that the agency
          misevaluated its proposal.

          We deny the protest.

          The RFP  contemplated the award of a fixed-price contract for construction services
          to the offeror whose proposal represented the best value, considering price, past
          performance and key construction subcontractor. The non-price considerations
          combined  were deemed  equal in importance to price. RFP, section 00 12 00, at 2, 9.
          The past performance factor included two subfactors: company specialized
          experience and quality of past performance. Id. at 2-3.

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