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B-418657,B-418657.2 1 (2020-07-17)

handle is hein.gao/gaobaebpx0001 and id is 1 raw text is: 



GAO U.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
Decision                                   a GAO Protective Order. This redacted version has
                                          1been approved for public release.


Matter of:   Artek Construction Company

File:        B-418657; B-418657.2

Date:        July 17, 2020

Thomas 0. Mason, Esq., and Joseph R. Berger, Esq., Thompson Hine LLP, for the
protester.
Katherine D. Denzel, Esq., Leslie M. Reed, Esq., and Herbet J. Aldridge, Esq.,
Department of the Army, for the agency.
Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest challenging evaluation of protester's proposal under solicitation's management
approach factor is denied where the evaluations and down-select decisions were
reasonable and consistent with the terms of the solicitation.
DECISION

Artek Construction Company (Artek), of Adana, Turkey, protests its exclusion from
phase two of a two-phase design-build procurement conducted under request for
proposals (RFP) No. W912GB20R0006 issued by the Department of the Army, Army
Corps of Engineers (Corps) Europe District, for construction, renovation and repair of
general building projects in Turkey. Artek contends that the agency's evaluation of its
phase I proposal under the management approach factor was unreasonable and
inconsistent with the solicitation. Alternatively, the protester asserts that the concerns
identified by the agency were relatively minor, which the agency should have resolved
through clarifications with the protester, and that the evaluation findings reflected
unequal treatment. According to the protester, but for these errors, its proposal would
have been selected for the phase II competition.

We deny the protest.

On November 21, 2019, the Corps issued the RFP in accordance with the two-phase
design-build procedures of Federal Acquisition Regulation subpart 36.3, for the award of
indefinite-delivery, indefinite-quantity (D), multiple-award task order contracts