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B-412046.4,B-412046.5 1 (2016-05-09)

handle is hein.gao/gaobadsfc0001 and id is 1 raw text is: 



          G     A     0                                                 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
                                                     been approved for public release.
           D e c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  Cape Environmental Management, Inc.

           File:       B-412046.4; B-412046.5

           Date:       May 9, 2016

           Kevin P. Mullen, Esq., and Rachel K. Plymale, Esq., Morrison & Foerster LLP; and
           Carrie F. Apfel, Esq., Jenner & Block LLP, for the protester.
           William E. Franczek, Esq., and Patrick Genzler, Esq., Vandeventer Black LLP, for
           MEB General Contractors, Inc., an intervenor.
           Connie L. Baran, Esq., Department of the Army, Corps of Engineers, for the
           agency.
           Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest challenging agency's post-corrective action reevaluation of past
           performance is denied where the agency did not depart from the solicitation's stated
           evaluation scheme and the relevancy ratings are supported by the record and
           consistent with the solicitation.
           DECISION

           Cape Environmental Management, Inc. (Cape), of Norcross, Georgia, protests the
           award of a contract to MEB General Contractors, Inc. (MEB), of Savannah, Georgia,
           under request for proposals (RFP) No. W912HN-1 5-R-0003, issued by the
           Department of the Army, Corps of Engineers (Corps), for construction for
           replacement of hydrant fuel systems at Robins Air Force Base, Georgia. Cape
           challenges the evaluation of its and MEB's past performance.

           We deny the protest in part and dismiss it in part.

           BACKGROUND

           The RFP, issued on March 12, 2015, under Federal Acquisition Regulation (FAR)
           part 15, contemplated the award of a fixed-price contract on a best-value basis,

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