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B-283259 1 (1999-10-28)

handle is hein.gao/gaocrptajlt0001 and id is 1 raw text is: -e GeAtOa E Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Government of Harford County, Maryland File: B-283259; B-283259.3 Date: October 28, 1999 James J. McCullough, Esq., Joel R. Feidelman, Esq., and Catherine E. Pollack, Esq., Fried, Frank, Harris, Shriver & Jacobson, and Robert S. McCord, Esq. Government of Harford County, Maryland, for the protester. Howard S. Stevens, Esq., and Douglas G. Worrall, Esq., Wright, Constable & Skeen, for the City of Aberdeen, Maryland, an intervenor. Vera Meza, Esq., and David Scott, Esq., U.S. Army Materiel Command, for the agency. Peter A. Jannicelli, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. General Accounting Office has jurisdiction to consider protest where, no twithstanding the c o nc o mitant sale o f go vernment pro perty, o ne o f pro c urement's main objectives was acquisition of potable water and wastewater treatment services to Army for a 10-year period. 2. Protest that agency improperly required a particular technical approach and that neither solicitation nor discussions alerted protester to the evaluation impact of not proposing that approach is denied where protester was aware that solicitation, which stated that this particular technical approach would be the subject of the second most heavily weighted evaluation factor, was silent as to evaluation impact of not adopting the approach, yet protester did not file a timely solicitation challenge; even assuming agency error in this part of evaluation, it did not prejudice protester's chances of receiving award. 3. Protest that awardee's proposal contained material misrepresentations that were relied upon by agency in evaluating proposals is denied where examination of the awardee's proposal reveals no misrepresentations.

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