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B-297294 1 (2005-12-02)

handle is hein.gao/gaocrptaqzw0001 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: Shaw Environmental, Inc.

          File:        B-297294

          Date:        December 2, 2005

          Richard L. Moorhouse, Esq., and David T. Hickey, Esq., Greenberg Traurig, LLP, for
          the protester.
          Capt. Geraldine Chanel, Department of the Army, for the agency.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Where solicitation was clear on applicable requirements and responses to
          offerors' questions were consistent with those requirements, agency had no duty to
          amend the solicitation to clarify protester's unilateral misinterpretation of
          solicitation.

          2. Agency was not required to hold discussions to allow protester to make its
          proposal technically acceptable where solicitation advised offerors of the possibility
          of award without discussions.
          DECISION

          Shaw Environmental, Inc. protests its elimination from the competitive range and the
          award of a contract to Clayton Group Services, Inc. under request for proposals
          (RFP) No. W91ZLK-05-R-0009, issued by the Department of the Army for
          environmental restoration services in California. Shaw asserts that the agency
          improperly concluded that its proposal was technically unacceptable, misled it, and
          improperly failed to conduct discussions.

          We deny the protest.

          The RFP contemplated the award of a fixed-price contract, for a period of 10 years,
          to provide environmental restoration services to remediate the Joint Forces Training
          Base at Los Alamitos and Camp Roberts in California. The work includes both
          remediation and long-term management at 15 sites at the installations. The largest
          single component of the requirement and subject of this protest is the Los Alamitos
          Landfill.

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