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B-412039 1 (2015-11-30)

handle is hein.gao/gaobadrrh0001 and id is 1 raw text is: 



jGA                                                                      Comptroller General
               c 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.

           Decision

           Matter of:  Gunter Construction, Inc.

           File:       B-412039

           Date:       November 30, 2015

           Christopher Solop, Esq., and Lynn Patton Thompson, Esq., Biggs, Ingram & Solop,
           PLLC, for the protester.
           Steven J. Koprince, Esq., Matthew T. Schoonover, Esq., and Matthew P. Moriarty,
           Esq., Koprince Law LLC, for Keiland Construction, LLC, the intervenor.
           Scott N. Flesch, Esq., and Frank A. March, 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

           Protest that agency improperly failed to evaluate protester's final proposal revision is
           denied where discussions letter directed protester to use agency's online tool to
           submit its final proposal revision as an electronic document, and to provide notice to
           two e-mail addresses, but protester only successfully notified one recipient, who did
           not retrieve the document, and the agency's security protocol automatically
           subsequently destroyed the document.
           DECISION

           Gunter Construction, Inc., of Sulphur, Louisiana, a small business, protests the
           award of a contract to Keiland Construction, LLC, of Lake Charles, Louisiana, by the
           Department of the Army, Mission and Installation Contracting Command, under
           request for proposals (RFP) No. W91247-15-R-0004, for construction services at
           Fort Polk, Louisiana. Gunter argues that the Army improperly failed to evaluate its
           final proposal revision (FPR), and awarded the contract to Keiland at a higher price.

           We deny the protest.

           The Army issued the RFP on February 27, 2015, seeking proposals for a job order
           contract (JOC) for the [s]ustainment, [r]estoration and [m]odernization of
           [p]ost[-w]ide [c]onstruction [e]fforts of real property facilities located at Fort
           Polk.... . RFP at 1. Competition was limited to participants in the Small Business

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