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B-417924,B-417924.2 Dec 10, 2019 1 (2019-12-10)

handle is hein.gao/gaolnl0001 and id is 1 raw text is: GAO 0U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to D ecisio n ;a GAO Protective Order. This redacted version has been approved for public release. Matter of: Kiewit Infrastructure West Company File: B-417924; B-417924.2 Date: December 10, 2019 Douglas L. Patin, Esq., Aaron C. Beezley, Esq., Patrick R. Quigley, Esq., and Lisa A. Markman, Esq., Bradley Arant Boult Cummings LLP, for the protester. Major Stephen M. Hernandez, Department of the Army, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's decision to convert from sealed bidding procedures to negotiated procedures after bids were opened is denied where record shows that agency reasonably determined that prices submitted were unreasonably high, and this provided an appropriate basis to make the conversion. DECISION Kiewit Infrastructure West Company, of Vancouver, Washington, protests the actions of the United States National Guard Bureau in connection with solicitation No. W912JV- 19-B-7001, issued for construction services to repair an aircraft maintenance ramp at Kingsley Field, Klamath Falls, Oregon. Kiewit argues that the agency improperly converted the acquisition from using sealed bidding procedures to using negotiated procedures after bids were opened and prices were exposed. We deny the protest. BACKGROUND The original solicitation, issued as an invitation for bids (IFB), solicited bids to perform construction services on a fixed-price basis. The agency received two timely bids, one from Kiewit in the amount of $38,875,500, and one from Rocky Mountain Construction, LLC, in the amount of $43,973,034. Agency Report (AR), exh. 15, Bid Abstract. At the time of bid opening, the agency made available for review a copy of an independent government estimate (IGE) which was in the amount of $27,016,699. Id; AR, exh. 5, IGE. The IGE was prepared by an architect-engineer (A-E) firm retained by the agency.

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