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B-403736 1 (2010-10-14)

handle is hein.gao/gaobadbna0001 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: Kiewit Louisiana Company File: B-403736 Date: October 14, 2010 Neil H. O'Donnell, Esq., Patricia A. Meagher, Esq., and Dennis J. Callahan, Esq., Rogers Joseph O'Donnell, for the protester. Marguerite K. Kingsmill, Esq., Kingsmill Riess, LLC, for Boh Bros. Construction Co., LLC, an intervenor. Matthew R. Keiser, Esq., U.S. Army Corps of Engineers, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where protester fails to timely protest a patent ambiguity in solicitation's initial proposal award provision--the solicitation failed to incorporate one of two mandatory clauses to indicate whether award was to be made with or without discussions--agency's decision to award on basis of initial proposals to a higher- rated, higher-priced offeror was unobjectionable. DECISION Keiwit Louisiana Company, of Fort Worth, Texas, protests the award of a contract to Boh Bros. Construction Company, LLC, of New Orleans, Louisiana, under request for proposals (RFP) No. W912P8-10-R-0044, issued by the U.S. Army Corps of Engineers for construction of improvements to the levee and floodwalls at the Causeway Bridge in Jefferson Parish, Louisiana. Keiwit maintains that the agency improperly failed to engage in discussions. We dismiss the protest. The RFP advised that the agency would make award on a best value basis considering price and several non-price considerations. The RFP did not indicate whether the agency intended to conduct discussions. Keiwit's proposal was assigned a marginal rating under the technical approach/key personnel evaluation factor for failure to include certain demolition work. Protest at 3. The agency

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