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B-295663.6 1 (2005-04-18)

handle is hein.gao/gaocrptaqva0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Restoration and Closure Services, LLC File: B-295663.6; B-295663.12 Date: April 18, 2005 William B. Snyder, Esq., and Robert P. Murrian, Esq., Kramer, Rayson, Leake, Rodgers & Morgan, LLP, for the protester. Andrew P. Hallowell, Esq., Pamela J. Mazza, Esq., and Jennifer M. Morrison, Esq., Piliero, Mazza & Pargament, PLLC, for LATA/Parallax Portsmouth, the intervenor. Gena E. Cadieux, Esq., Renee S. Holland, Esq., Joseph A. Lenhard, Esq., and Beth A. Kelly, Esq., Department of Energy, for the agency. John L. Formica, Esq., Charles W. Morrow, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Consultants' applications for admission to protective order are denied where the applications agreed to restrict the consultants' activities only with regard to the particular site for the procurement being protested, and thus permitted the consultants to engage or assist in the preparation of proposals for the same type of work at other sites where a party to the protest may be a competitor. 2. Protest challenging the agency's evaluation of the protester's proposal on the basis that, although the solicitation did not prescribe or suggest a particular technical approach, the agency was predisposed towards a particular technical solution, is dismissed where there is no reasonable possibility that the protester was prejudiced by the alleged unreasonable evaluation because, even if the protester's proposal had received the maximum points under the contested areas of evaluation, its proposal would have remained lower rated and significantly higher in cost than the proposal selected for award. DECISION Restoration and Closure Services, LLC (RCS) protests the evaluation of its proposal and award of a contract to any other firm, under request for proposals (RFP)

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