About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-408018.2,B-408018.3 1 (2013-05-31)

handle is hein.gao/gaobadpny0001 and id is 1 raw text is: 




          G     A   O                                                  Comptroller General
Ac;        tbilty *bi integrilty I Reiiabikty                          of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of:  Herman Construction Group, Inc.

           File:       B-408018.2; B-408018.3

           Date:       May 31, 2013

           William L. Bruckner, Esq., and Branden L. Timboe, Esq., Bruckner Law Firm, for the
           protester.
           Christian M. Butler, Esq., Department of Homeland Security, for the agency.
           Susan K. McAuliffe, Esq., and Edward Goldstein, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Agency reasonably rejected protester's proposal where record shows that the
           protester failed to submit its price proposal information in a Microsoft Excel (XLS)
           file format as required by the terms of the solicitation.
           DECISION

           Herman Construction Group, Inc., of San Diego, California, protests the rejection of
           its proposal under request for proposals (RFP) No. HSBP1013ROO17 issued by the
           Department of Homeland Security, U.S. Customs and Border Protection, for
           comprehensive tactical infrastructure maintenance and repair services. The
           protester contends that the agency improperly rejected its proposal for failure to
           comply with the solicitation's proposal submission requirements.

           We deny the protest.

           BACKGROUND

           The RFP, posted on the FedBizOpps website on December 22, 2012, as a small
           business set-aside, anticipated the award of a hybrid cost-plus-fixed-fee and
           fixed-price contract with a base year and 4 option years for repair and maintenance
           services along the U.S. southwest border. RFP Amend. No. 5 at 5-7, 53. The
           RFP's statement of work included the following work categories: (1) fencing and
           gates; (2) roads and bridges; (3) drainage and grate systems; (4) lighting and
           electrical systems; and (5) vegetation control and debris removal. Id. at 10, 53.
           Award was to be made on a best value basis considering non-cost factors (including

What Is HeinOnline?

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.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most