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B-413281 1 (2016-09-21)

handle is hein.gao/gaobadsop0001 and id is 1 raw text is: 



   SGAO

~Accountability * Integrity * Reliability
  United States Government Accountability Office
  Washington, DC 20548



           Decision


Matter of:

File:

Date:


Comptroller General
of the United States


   DOCUMENT FOR PUBLIC RELEASE
 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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Engineering Design Technologies, Inc.

B-413281

September 21, 2016


Reginald M. Jones, Esq., and Nicholas T. Solosky, Esq., Fox Rothschild LLP, for
the protester.
Connie L. Baran, Esq., Department of the Army, Corps of Engineers, for the
agency.
Frank Maguire, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Agency did not engage in misleading discussions where it gave the protester a
choice in how to respond to identified weaknesses, and the protester exercised its
business judgment in electing to respond to many of the weaknesses with a simple
statement of compliance as opposed to a narrative providing detail.
DECISION

Engineering Design Technologies, Inc. (EDT), of Marietta, Georgia, protests the
award of a task order to Whitesell-Green, Inc., of Pensacola, Florida, under request
for proposals (RFP) No. W9126G-1 3-X-1 401, issued by the Department of the
Army, Corps of Engineers (Corps) for the Trainee Barracks Upgrade Program at Ft.
Benning, Georgia. The protester asserts that the agency conducted improper
discussions and applied an unstated factor in its evaluation.

We deny the protest.

BACKGROUND

The RFP was issued on May 15, 2015, to all Offerors in the MATOC [multiple-
award task order] pool.1 RFP at 1. The solicitation provided for award on a best-

1 The Corps advises that its multiple-award task order contract is styled, Small
Business Indefinite Quantity (IDIQ) MATOC for Construction Services for the US
                                                                  (continued...)

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