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B-408469 1 (2013-09-27)

handle is hein.gao/gaobadpwi0001 and id is 1 raw text is: 




 G              A   O                                                     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.
           D e  c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  Ashridge, Inc.

           File:        B-408469

           Date:        September 27, 2013

           Michael H. Payne, Esq., Cohen Seglias Pallas Greenhall & Furman PC, for the
           protester.
           Henry P. Wall, Esq., Bruner, Powell, Wall & Mullins, LLC, for the intervenor.
           John E. Ballard, Esq., Corps of Engineers, for the agency.
           Gary R. Allen, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. Protest challenging an agency's evaluation of the awardee's past performance
           and corporate experience is denied where the record establishes that the evaluation
           was reasonable and consistent with the solicitation's evaluation criteria.

           2. Protest that an awardee's proposal violates a solicitation's subcontracting
           limitation is denied where the awardee's proposal does not, on its face, indicate that
           the awardee would not comply with the limitation.
           DECISION

           Ashridge, Inc., of St. Stephen, South Carolina, protests the award of a contract to
           Moorhead Brothers, Inc., of Blacksburg, South Carolina, under request for
           proposals (RFP) No. W912HN-13-R-001 1, issued by the U.S. Army Corps of
           Engineers for construction services. Ashridge challenges the agency's evaluation
           of Moorhead's past performance and corporate experience, and argues that
           Moorhead's proposal failed to comply with the RFP's subcontracting limitation.

           We deny the protest.

           The RFP, issued as a historically underutilized business zone (HUBZone) small
           business set-aside, provided for the award of a fixed-price contract for construction
           services to raise the elevation of an existing containment dike, construct a new dike
           with a stability berm/counterweight, and make repairs to weirs. The RFP included

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