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B-291487 1 (2002-12-16)

handle is hein.gao/gaocrptaojf0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability 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: Pueblo Environmental Solution, LLC File: B-291487; B-291487.2 Date: December 16, 2002 Kenneth B. Weckstein, Esq., Raymond B. Fioravanti, Esq., and Shlomo D. Katz, Esq., Epstein Becker & Green, for the protester. Marcia G. Madsen, Esq., David F. Dowd, Esq., Cameron S. Hamrick, Esq., and Michael J. Farley, Esq., Mayer, Brown, Rowe & Maw, for Bechtel National, Inc., the intervenor. Joshua A. Kranzberg, Esq., and Bernadine F. McGuire, Esq., Department of the Army, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In a negotiated procurement for the design, construction, and operation of a chemical weapon destruction facility, agency reasonably assessed a significant weakness in the protester's proposal because the protester was reasonably found to not provide for total containment in the event of an explosion, as required by the solicitation. 2. In a cost realism evaluation where the agency evaluated numerous areas under which the protester's proposed approach was inadequate and understaffed, the agency properly used its independent government estimate and prior experience on similar projects as tools to assess the amount of additional staffing that would be required under the protester's proposed approach. 3. Protest of agency's cost/technical tradeoff is denied, where the solicitation stated that technical merit was more important than cost and the source selection authority reasonably found, with articulated reasons, that the awardee's technical merit outweighed the protester's cost advantage. 4. Agency reasonably adjusted protester's proposed costs upward in the competition for a cost-reimbursement contract to account for evaluated understaffing and also reasonably determined in the technical evaluation that the understaffing was a weakness that adversely reflected upon the protester's understanding.

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