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B-271644 1 (1996-07-15)

handle is hein.gao/gaocrptaefj0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Barnard Construction Company, Inc.

File:        B-271644

Date:        July 15, 1996

Gary Wilson for the protester.
Donald A. Tobin, Esq., Bastianelli, Brown, Touhey & Kelley, for Twin Buttes
Constructors, an intervenor.
Sherry Kinland Kaswell, Esq., and Justin P. Patterson, Esq., Department of the
Interior, for the agency.
C. Douglas McArthur, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Decision to award to higher-priced, higher technically rated offeror was proper
where the solicitation award criteria did not state that price was the determinative
factor and the agency reasonably concluded that the higher total point score of the
awardee's proposal, resulting from its technical superiority, established that it was
worth the price premium.
DECISION

Barnard Construction Company, Inc. protests the award of a contract to Twin
Buttes Constructors (TBC) under request for proposals (RFP)
No. 1425-5-SP-60-07610, issued by the Department of the Interior, Bureau of
Reclamation, for modification of the Twin Buttes dam in Texas. Barnard contends
that the selection decision was unreasonable and inconsistent with the stated
evaluation factors.

We deny the protest.

On September 1, 1995, the agency issued the RFP for a firm, fixed-price contract for
construction of a 1.4 million square-foot slurry cutoff wall and 2,600-foot cutoff
trench, to reduce foundation seepage. The base effort required construction of a
test section to evaluate constructability of the cutoff wall, and the contract would
contain an option for construction of the remainder of the wall, an abatement cutoff
trench, upstream blanket, and geomembrane/geotextile installation.


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