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B-289202 1 (2002-01-23)

handle is hein.gao/gaocrptaoce0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
             SIntegrity Reliability                                   of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: John Carlo, Inc.

          File:       B-289202

          Date:       January 23, 2002

          Michael D. McElroy for the protester.
          Col. Michael R. Neds, and Maj. Robert W. Clark, Department of the Army, for the
          agency.
          John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Protester's proposal for the rebuilding of a runway was reasonably evaluated by
          the agency as unacceptable where the protester's proposed organizational structure
          for accomplishing the project was unclear and where a protester's representative
          conceded during the presentation/discussion session that he had not read a critical
          section of the solicitation's specifications.

          2. Agency's record of the protester's presentation/discussion session, which consists
          of only the evaluator's notes, is unobjectionable, where there is no prejudicial
          difference regarding the protester's and agency's descriptions of what was stated
          during the session.
          DECISION

          John Carlo, Inc. (JCI) protests the award of a contract to Dan's Excavating Inc. (DEI)
          under request for proposals (RFP) No. DAHA20-01-R-0012, issued by the Michigan
          Air National Guard, for the rebuilding of a runway, a new drainage system, approach
          lighting and an electrical vault, for the Selfridge Air National Guard Base, Michigan.
          The protester challenges the manner in which presentations/discussions were
          conducted, as well as the evaluation of its proposal and the selection of the
          awardee's higher-priced proposal for award.

          We deny the protest.

          The RFP provided for the award of a fixed-price contract to the offeror submitting
          the proposal determined to represent the best value to the agency, considering

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