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ACC Construction Co., Inc.

B-288934 Published: Nov 21, 2001. Publicly Released: Nov 21, 2001.
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Highlights

A firm protested an Army Corps of Engineers contract award for barracks construction, contending that the Army unreasonably chose the higher technically rated, higher-priced proposal. GAO found that the Army reasonably selected for award the higher-priced, technically superior proposal because the solicitation provided that the combination of technical evaluation factors was significantly more important than price. Accordingly, the protest was denied.

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B-162948, DEC. 20, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - HOME SALE/PURCHASE EXPENSES DECISION TO CERTIFYING OFFICER OF THE DEPARTMENT OF AGRICULTURE CONCERNING PROPRIETY OF REIMBURSING EMPLOYEE FOR ESCROW FEE FOR SALE AND PURCHASE OF RESIDENCE INCIDENT TO TRANSFER FROM ROSEBURG, OREGON TO PORTLAND, OREGON. EMPLOYEE WHO WAS REIMBURSED FOR ONE-HALF OF THE ESCROW FEE INCIDENT TO SALE OF RESIDENCE AT OLD STATION AND WHO CLAIMS ONE HALF OF ESCROW FEE FOR PURCHASE OF HOME AT NEW STATION MAY NOT BE REIMBURSED FOR ESCROW FEE INCIDENT TO PURCHASE OF HOME SINCE SECTION 4.2C OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PRECLUDES REIMBURSEMENT FOR THE SAME TYPES OF COSTS AT BOTH THE OLD AND NEW LOCATIONS.

TO MR. REED H. JENSEN:

THIS REPLIES TO YOUR LETTER OF NOVEMBER 13, 1967, WITH ENCLOSURES, REFERENCE 6540, REQUESTING A DECISION CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MR. ARVID C. ELLSON IN THE AMOUNT OF $32.

YOU SAY THAT MR. ELLSON WAS TRANSFERRED BY THE FOREST SERVICE ON APRIL 9, 1967, FROM ROSEBURG, OREGON, TO PORTLAND, OREGON, AND HAS SIGNED AN AGREEMENT TO REMAIN IN THE FEDERAL GOVERNMENT FOR 12 MONTHS FOLLOWING THE EFFECTIVE DATE OF HIS TRANSFER. ON JUNE 23, 1967, MR. ELLSON SUBMITTED A VOUCHER ON WHICH HE CLAIMED CERTAIN COSTS IN CONNECTION WITH THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION,ROSEBURG, OREGON. ONE OF THE ITEMS CLAIMED AND PAID WAS THE AMOUNT OF $29 COVERING ONE-HALF OF THE ESCROW FEE.

SECTION 4.2C OF THE BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES FOR THE REIMBURSEMENT OF CERTAIN LEGAL AND RELATED COSTS OF THE SALE OF THE RESIDENCE AT THE OLD OFFICIAL STATION OR PURCHASE OF A DWELLING AT THE NEW OFFICIAL STATION. IT ALSO PROVIDES THAT "* * * THE SAME TYPES OF COSTS SHALL NOT BE PAID AT BOTH LOCATIONS * *

SINCE MR. ELLSON WAS REIMBURSED ONE-HALF OF THE ESCROW FEE CLAIMED INCIDENT TO THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION AT ROSEBURG, WE ARE OF THE OPINION THAT SECTION 4.2C OF THE CIRCULAR WOULD PRECLUDE MR. ELLSON FROM ALSO BEING REIMBURSED FOR ONE-HALF OF THE ESCROW FEE PAID INCIDENT TO THE PURCHASE OF A RESIDENCE AT HIS NEW DUTY STATION IN PORTLAND.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH, MAY NOT BE CERTIFIED FOR PAYMENT.

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Army procurementContract award protestsConstruction contractsFixed price contractsBid proposalsSolicitationsConstructionEvaluation criteriaU.S. ArmyBid evaluation protestsSource selectionSanitationProcurement