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B-419327 1 (2021-01-15)

handle is hein.gao/gaobaeclc0001 and id is 1 raw text is: 


                    1Oo 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 version has been
                                           approved for public release.


Matter of:   McGoldrick Construction Services Corporation

File:        B-419327

Date:     January 15,   2021

Douglas L. Patin, Esq., Aron C. Beezley, Esq., and Lisa A. Markman, Esq., Bradley
Arant Boult Cummings  LLP, for the protester.
Anna  Kurtz, Esq., and Brian Payton, Esq., Department of the Army, for the agency.
Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's determination that consolidating its requirements
was necessary  and justified is denied where the agency concluded that the
consolidation would result in benefits critical to the agency's mission success.

2. Protest challenging solicitation provisions as unduly restrictive of competition is
denied where the provisions are reasonably related to the agency's requirements.
DECISION

McGoldrick Construction Services Corporation, a small business of San Antonio, Texas,
challenges the terms of request for proposals (RFP) No. W9126G20R0051, issued by
the Department of the Army, United States Army Corps of Engineers (USACE) for
vertical construction services. The protester contends that the solicitation is an
inappropriate consolidation of several existing requirements, and is additionally unduly
restrictive of competition.

We  deny the protest.

BACKGROUND

The RFP  is a 100 percent small business set-aside, and contemplates the award of five
indefinite-delivery, indefinite-quantity (IDIQ) contracts for fixed-price vertical construction
in Texas, Oklahoma, Louisiana, Arkansas, and New Mexico. Contracting Officer's
Statement (COS)  at 1-2. Previously, USACE maintained several separate contract
vehicles for vertical construction in these states, and this RFP is one of several
solicitations that the agency is pursuing to consolidate those previously separate

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