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B-408945,B-408945.2 1 (2013-12-27)

handle is hein.gao/gaobadpzh0001 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
          Decision                                  [e         for pic release.



          Matter of: Contrack International, Inc.

          File:     B-408945; B-408945.2

          Date:     December 27, 2013

          Joseph J. Dyer, Esq., Sara Beiro Farabow, Esq., Alison Ashford, Esq., and Caroline
          A. Keller, Esq., Seyfarth Shaw LLP, for the protester.
          Richard B. Oliver, Esq., and J. Matthew Carter, Esq., McKenna Long & Aldridge
          LLP, for the intervenor.
          Nancy J. Williams, Esq., and Robert J. McKenney, Esq., Department of the Army,
          Corps of Engineers, for the agency.
          Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protest that agency improperly rejected protester's proposal is denied where record
          shows that the proposal as submitted failed to meet a material requirement of the
          solicitation, and thus could not properly have formed the basis for the award of a
          contract.
          DECISION

          Contrack International, Inc. (CI), of McLean, Virginia, protests the issuance of a task
          order to ECC CENTCOM Constructors, LLC, of Burlingame, California, under
          request for proposals (RFP) No. 35 MATOC MED 33 2012, issued by the
          Department of the Army, Corps of Engineers for the construction of transient
          quarters, and an enlisted and officer dining facility, in Bahrain. CI maintains that the
          agency improperly excluded its proposal from consideration for award.

          We deny the protest.

          BACKGROUND

          The RFP was issued to firms that previously had been awarded contracts by the
          agency under a multiple-award, indefinite-delivery indefinite-quantity solicitation to
          perform design and construction work in the agency's central command area. The
          solicitation contemplates the award of a fixed-price contract to design and build a

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