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B-409252.2 1 (2014-03-28)

handle is hein.gao/gaobadqfs0001 and id is 1 raw text is: 




SG              A    O                                                  Comptroller General
r       Accountablity * 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                                 [...been approvedfor release.



           Matter of: McGoldrick Construction Services Corporation

           File:       B-409252.2

           Date:       March 28, 2014

           Douglas L. Patin, Esq., and Lisa Markman, Esq., Bradley Arant Boult Cummings
           LLP, for the protester.
           Dawn-Carole Harris, Esq., Department of the Army, Corps of Engineers, for the
           agency.
           Heather Weiner, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest that agency used an unstated evaluation criterion in assessing a significant
           weakness in protester's proposal is sustained where the agency's evaluation was
           inconsistent with the solicitation's stated requirement concerning quality control
           managers.
           DECISION

           McGoldrick Construction Services Corporation, of San Antonio, Texas protests the
           decision of the Department of the Army, Corps of Engineers, to exclude its proposal
           from the competition under request for proposals (RFP) No. W9126G-13-R-0017,
           for construction services at Fort Hood, Texas. McGoldrick challenges the agency's
           evaluation of its technical proposal.

           We sustain the protest in part, and deny it in part.

           BACKGROUND

           On February 26, 2013, the Corps issued the solicitation seeking design-build firms
           for construction and maintenance at the Department of Public Works and Central
           Texas Area Office, located at the Fort Hood Army installation, Killeen, Texas. RFP,
           amend. 0003, at 4. The procurement was a small-business set-aside under North
           American Industry Classification System Code 236220, Construction, with a small
           business size standard of $33.5 million in annual revenue. RFP at 3. The
           solicitation anticipated the award of at least two, but no more than ten, fixed-price,

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