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B-402123.4,B-402123.6 1 (2010-08-31)

handle is hein.gao/gaobadoqn0001 and id is 1 raw text is: 



I     QA                                                                 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.
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          Decision

          Matter of:   Environmental Quality Management, Inc.

          File:        B-402123.4; B-402123.6

          Date:        August 31, 2010

          Brian W. Craver, Esq., and Stacey A. Mescall, Esq., Person & Craver LLP, for the
          protester.
          Russ Gulledge, for Environmental Restoration, LLC, an intervenor.
          Avital G. Zemel, Esq., Environmental Protection Agency, 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 provided awardees--but not protester--competitively
          useful information during ongoing acquisition is denied, where awardees were
          provided appropriate information during initial, pre-award debriefing (after their initial
          exclusion from the competitive range), and subsequently (after awardees'
          readmission into competitive range), agency conducted appropriate discussions
          tailored to each firm's proposal.
          DECISION

          Environmental Quality Management, Inc. (EQ), of Cincinnati, Ohio, protests the
          award of contracts to Environmental Restoration, LLC (ER), of St. Louis, Missouri,
          and Kemron Environmental Services, Inc., of Atlanta, Georgia, under request for
          proposals (RFP) No. PR-R2-08-10085, issued by the Environmental Protection
          Agency (EPA) for emergency rapid response services. EQ asserts that the
          awardees obtained an unfair competitive advantage through information furnished to
          them during pre-award debriefings and discussions.

          We deny the protest.

          BACKGROUND

          The RFP contemplated the award of three contracts, including two to be awarded to
          small businesses and one to be awarded to a service-disabled veteran-owned small
          business; this protest concerns the award of the small business contracts.

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