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B-415442 1 (2018-01-04)

handle is hein.gao/gaobadufh0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             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
Decision                                     .been approved for public release.



Matter of:   United Excel Corporation

File:        B-415442

Date:     January 4, 2018

Reginald M. Jones, Esq., Nicholas T. Solosky, Esq., and Rachel M. Severance, Esq.,
Fox Rothschild LLP, for the protester.
Douglas L. Patin, Esq., Aron C. Beezley, Esq., and Lisa A. Markman, Esq., Bradley
Arant Boult Cummings LLP, for Gilbane Federal Joint Venture, the intervenor.
S. DeAnn Lehigh, Esq., and Michael T. Geiselhart, 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

1. Protest that agency held misleading discussions is denied where agency identified
deficiency in protester's initial proposal and accurately described it during discussions,
and thus protester was not misled when its revised proposal addressed only part of the
agency's concerns and agency did not discuss the issue further when requesting final
proposal revisions.

2. Protest challenging evaluation of proposals and source selection decision is denied
where evaluation was reasonable, consistent with solicitation criteria, reflected equal
treatment between protester's and awardee's proposals, and supported agency's
tradeoff decision to award contract to higher-rated and higher-priced proposal.
DECISION

United Excel Corporation (UEC), of Shawnee Mission, Kansas, protests the issuance of
a task order to Gilbane Federal Joint Venture, of Walnut Creek, California, by the
Department of the Army, Corps of Engineers, under request for proposals (RFP)
No. W9127S-17-R-6060,1 for design, build, outfit, and transition services at the United

1 The RFP identified the eligible offerors indirectly, by listing the contract numbers of
three design-build construction and initial outfitting services contracts, which were
multiple award task order contracts (MATOC) awarded in 2013. The awardees were
                                                                     (continued...)

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