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B-310311.2 1 (2007-12-12)

handle is hein.gao/gaocrptaujt0001 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: Engineering Construction Services, Inc.

          File:        B-310311.2

          Date:        December 12, 2007

          Telena Moore for the protester.
          Charmaine A. Howson, Esq., Young Ha Cho, Esq., and Dationa Carter, Esq.,
          Department of Energy, for the agency.
          Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest that awardee materially revised its proposal after the agency established a
          competitive range and that the agency failed to consider the revisions in its
          reevaluations is denied where there is no evidence in the record to support the
          allegation.

          2. Protest that the agency failed to conduct several portions of the required
          evaluations is denied where the record shows that the agency in fact conducted the
          evaluations.

          3. Protest that the agency conducted inadequate discussions is denied where the
          record shows that the agency included in the first request for revised proposals all of
          the significant weaknesses identified in the final evaluation of the protester's
          proposal.

          4. Protest that agency improperly evaluated subcontractor's relevant experience is
          denied where the requirement that relevant experience references must be for
          contracts that have been in performance for a minimum of 6 months merely
          established a minimum, and the agency reasonably considered the subcontractor's
          relative lack of experience as a weakness in the proposal.
          DECISION

          Engineering Construction Services, Inc. (ECS) protests the award of a contract to
          Environmental Safety & Health, Inc. (ES&H) by the Department of Energy under
          request for proposals (RFP) No. DE-RP05-07OR23256 for roads, grounds, and heavy
          equipment maintenance services. The protester challenges various aspects of the

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