Link: GAO Opinion
Agency: Department of the Army
Disposition: Protest denied.
General Counsel P.C. Highlight:
GAO denied the protest of BCPeabody Construction Services, Inc. based on the award of a contract to Edens Construction Company, by the Department of the Army, Corps of Engineers, under a request for proposals (RFP) for dike rehabilitation construction services.
The RFP was issued seeking proposals to perform construction on a dike rehabilitation project and was a set-aside for small businesses. Offerors were informed that they would be evaluated on a pass/fail basis under the technical acceptability factor, which consisted of experience and past performance.
BCPeabody argues against the agency finding that its proposal was technically unacceptable. GAO denied the protest where BCPeabody failed to show that it was prejudiced. BCPeabody admitted that it intended to submit the experience of its subcontractor, but never did. The firm also failed to include a letter of commitment from the subcontractor, which is why the agency assigned it a deficiency. GAO agreed with the agency that the deficiency would have resulted in the rejection of BCPeabody’s proposal.