About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-419213,B-419213.2 1 (2020-12-28)

handle is hein.gao/gaobaecjo0001 and id is 1 raw text is: 


                   1O   o   U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                                A Century of Non-Partisan Fact-Based Work
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
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Bodell Construction Company

File:     B-419213; B-419213.2

Date:     December 28, 2020

Stowell B. Holcomb, Esq., Jackson Rosenfield LLP, for the protester.
Stacy Birkel, Esq., Department of the Army, for the agency.
Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's evaluation of proposals is denied where record shows
agency's evaluation was reasonable and in accordance with the terms of the solicitation
and applicable statutes and regulations.

2. Protest that agency engaged in unequal discussions is denied where record shows
agency's discussions were consistent among offerors; an agency is not required to
discuss every weakness identified in a proposal that results in the proposal receiving
less than the maximum possible score.
DECISION

Bodell Construction Company, of Salt Lake City, Utah, protests the award of a contract
to Nova Group, Inc., of Napa, California, under request for proposals (RFP) No.
W9128F-20-R-0056,   issued by the Department of the Army, Corps of Engineers, for the
replacement of a hydrant fuel system at Ellsworth Air Force Base, South Dakota. Bodell
argues that the agency misevaluated its proposal and failed to engage in equal
discussions.

We  deny the protest.

BACKGROUND

The RFP  contemplates the award, on a best-value tradeoff basis, of a fixed-price
contract for a type III hydrant fuel system to be installed at Ellsworth Air Force Base,
South Dakota.  Proposals would be evaluated considering price and three non-price
factors: contractor qualifications, past performance, and small business participation
plan. Agency Report (AR), exh. 27, RFP at 38-39. Contractor qualifications was the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most