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B-408023 1 (2013-05-10)

handle is hein.gao/gaobadpnf0001 and id is 1 raw text is: G A O Comptroller General Acc ;trn iabiy bIngilty * ReliIbikty of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: BC Peabody Construction Services, Inc. File: B-408023 Date: May 10, 2013 Andrew W. Goetz and Robert M. Carpenter, for the protester. William L. Bruckner, Esq., Bruckner & Walker, LLP for Edens Construction Company, an intervenor. Carolyn J. Fox, Esq., Department of the Army, Corps of Engineers; and John W. Klein, Esq., and Meagan K. Guerzon, Esq., Small Business Administration, for the agencies. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably evaluated experience and past performance of the same subcontractor proposed by both the protester and awardee in an unequal manner is denied where protester was not prejudiced by the agency's error. DECISION BCPeabody Construction Services, Inc., of Tampa, Florida, protests the award of a contract to Edens Construction Company, of South Bay, Florida, by the Department of the Army, Corps of Engineers, under request for proposals (RFP) No. W912EP-13-R-0001 for dike rehabilitation construction services. BCPeabody primarily argues that the Corps improperly rejected its proposal as technically unacceptable. We deny the protest. BACKGROUND The Corps issued the RFP on October 18, 2012, seeking proposals to perform construction on the Herbert Hoover Dike Rehabilitation Project, at culverts 7 and 9, and the Taylor Creek culvert abandonment, in Okeechobee County, Florida. Agency Report (AR), at 1; AR, Tab 17B, RFP Specifications, at 1-2. The RFP was set aside for small businesses, and stated that a contract would be awarded,

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