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B-414002.2 1 (2017-02-06)

handle is hein.gao/gaobadtbc0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: AlItech Engineering Corp. File: B-414002.2 Date: February 6, 2017 Richard G. Jensen, Esq., Fabyanske Westra Hart & Thomson, for the protester. Ronald J. Goodeyon, Esq., and Lauren M. Williams, Esq., Department of the Army, Corps of Engineers, for the agency. Pedro E. Briones, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency was required to seek clarification before rejecting the protester's proposal as technically unacceptable is denied where the agency was under no obligation to seek clarifications regarding the proposal's material omission of a technical narrative required by the solicitation. DECISION Alltech Engineering Corp., a small business located in Mendota Heights, Minnesota, protests the rejection of its proposal under request for proposals (RFP) No. W912BV-16-R-0004, issued by the Department of the Army, Corps of Engineers, Tulsa District (Corps), to repair Tainter (i.e., radial flood) gates at Hulah Lake Dam in Copan, Oklahoma. The protester contends that the agency was required to seek clarification from Alltech before rejecting its proposal as technically unacceptable because of an allegedly minor clerical omission. We deny the protest. BACKGROUND The RFP, which was set aside for small businesses, provided for the award of a fixed-price construction contract on a lowest-priced, technically acceptable basis, considering four evaluation factors: specialized experience, proposed contract duration and summary schedule, past performance, and price. RFP, amend. 1, at 7-8, 10, 28. The RFP stated that the Corps intended to make award without discussions, but that the agency reserved the right to conduct discussions if

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