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B-410168.2,B-410168.3 1 (2014-11-12)

handle is hein.gao/gaobadqtn0001 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.
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          Decision

          Matter of:  Archer Western Federal JV

          File:       B-410168.2; B-410168.3

          Date:       November 12, 2014

          Joseph J. Dyer, Esq., Caroline A. Keller, Esq., and Rebecca Woods, Esq., Seyfarth
          Shaw LLP, for the protester.
          Steven J. Koprince, Esq., and Amanda M. Wilwert, Esq., Petefish, Immel, Heeb &
          Hird, LLP, for SGS, LLC, the intervenor.
          Cindy E. Shimokusu, Esq., Department of the Army, Corps of Engineers, for the
          agency.
          Peter D. Verchinski, Esq., and Nora K. Adkins, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest alleging that the awardee's proposal violates the 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.

          2. Protest alleging that the agency unreasonably considered the experience of the
          awardee's subcontractors in its evaluation of the awardee's experience factor is
          denied where the solicitation allowed for the use of subcontractors to perform
          portions of the contract and the agency's consideration of the subcontractors'
          experience was contemplated by the terms of the solicitation.

          3. Protest that the agency improperly permitted the awardee to clarify its intent to
          comply with the subcontracting limitation is denied where the exchange did not
          constitute discussions nor was it otherwise improper.
          DECISION

          Archer Western Federal JV, of Chicago, Illinois, protests the award of a contract to
          SGS, LLC, of Oklahoma City, Oklahoma, by the Department of the Army, Corps of
          Engineers, under request for proposals (RFP) No. W9126G-1 4-R-001 9 for
          construction services. The protester alleges that the awardee failed to comply with
          the solicitation's subcontracting limitation; argues that the agency improperly

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