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

B-410015,B-410015.2,B-410015.3 1 (2014-09-25)

handle is hein.gao/gaobadqqa0001 and id is 1 raw text is: 



          G    A    0Comptroller General
               ity * Integrity * Rellability                           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.
                                                    L  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i
          Decision

          Matter of:  Walsh Construction Company II, LLC

          File:       B-410015; B-410015.2; B-410015.3

          Date:       September 25, 2014

          Joseph J. Dyer, Esq., Bennett D. Greenberg, Esq., and Caroline A. Keller, Esq.,
          Seyfarth Shaw LLP, for the protester.
          Devon E. Hewitt, Esq., and Jeffry R. Cook, Esq., Protorae Law, PLLC, for
          J. Kokolakis Contracting, Inc., the intervenor.
          Kyle E. Chadwick, Esq., and Scott N. Flesch, Esq., Department of the Army, for
          the agency.
          Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest that agency misevaluated protester's proposal is denied where evaluation
          of proposal as unacceptable under mission capability factor was reasonable and
          consistent with evaluation criteria in solicitation, which required protester to
          demonstrate a capable and flexible approach to project execution within identified
          time and logistical constraints, and record shows that protester's proposal failed to
          provide required aspects of the approach.

          2. Where solicitation provided that proposal had to be acceptable under each
          element in order to be acceptable under mission capability factor, and agency
          reasonably found protester's proposal unacceptable based on weaknesses under
          one of three elements, protester was not prejudiced by any evaluation errors under
          two other elements.
          DECISION

          Walsh Construction Company II, LLC, of Chicago, Illinois, protests the award of a
          contract to J. Kokolakis Contracting, Inc., of Bohemia, New York, by the Department
          of the Army, Mission and Installation Contracting Command-West Point, under
          request for proposals (RFP) No. W91 1 SD-14-R-0002 for construction services at the
          United States Military Academy (USMA), in West Point, New York. Walsh argues
          that the Army misevaluated the firm's proposal as unacceptable, and therefore
          unreasonably awarded the contract to Kokolakis at a higher price.
          We deny the protest.

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