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B-291522 1 (2002-12-23)

handle is hein.gao/gaocrptaojh0001 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: M. Erdal Kamisli, Ltd. File: B-291522 Date: December 23, 2002 Christopher M. Anzidei, Esq., and Christopher J. Brasco, Esq., Watt, Tieder, Hoffar & Fitzgerald, for the protester. Stephen G. Anderson, Esq., and Damon 0. Burrows, II, Esq., Baker, Donelson, Bearman & Caldwell, for Kulak Insaat Ticaret ve Sanayi, the intervenor. James C. Brent, Esq., and Katherine D. Denzel, Esq., U.S. Army Corps of Engineers, for the agency. Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's evaluation of offerors' experience and past performance and the resulting price/technical tradeoff and award determination are unobjectionable where they are reasonable and consistent with the solicitation evaluation criteria. DECISION M. Erdal Kamisli, Ltd. (ERKA) protests the award of a contract to Kulak Insaat Ticaret ve Sanayi (Kulak), under request for proposals (RFP) No. DACA90-02-R-0045, issued by the Army Corps of Engineers, for the construction of a base supply warehouse at Incirlik Air Base, Turkey. ERKA contends that the agency failed to apply the evaluation criterion for experience in the manner that was called for by the solicitation, and that in determining to award to Kulak the agency improperly concluded that Kulak had better experience which justified paying its higher price. We deny the protest. BACKGROUND The solicitation, issued on August 8, 2002, called for the submission of fixed-price proposals by September 16, 2002. Award was to be made without discussions on a best value basis considering the evaluation factors of price, experience and past performance, with price equal in importance to the non-price factors which, in turn, were equal in importance to each other. RFP § 00100 6. With respect to the

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