Randy Kinder Excavating, Inc. (B-423394)

You should not care.

Category: Technical evaluation, past performance

Date: 25 June 2025

URL: https://www.gao.gov/products/b-423394

Randy Kinder Excavating, Inc. (RKE), a small business based in Dexter, Missouri, protested its elimination from competition for request for proposals No. W912EQ24R0001, issued by the Department of the Army for various civil works construction projects. RKE contended that the agency's evaluation of its proposal was unreasonable, particularly under the construction execution approach factor, which it claimed lacked proper justification.

Key issues raised included the evaluation of RKE's construction execution approach, where the agency rated the proposal as marginal due to insufficient detail in addressing the solicitation's requirements. Army emphasized the proposal's failure to adequately discuss preconstruction services, which are critical for successful project execution. Additionally, RKE challenged the rationale for its past performance rating but failed to demonstrate competitive prejudice.

The protest was denied in part and dismissed in part, as RKE could not show that the agency's evaluation was flawed or that it was prejudiced by the agency's decisions.

Digest

1. Protest challenging agency's evaluation of protester's proposal under solicitation's construction execution approach technical factor is denied where the agency reasonably determined the protester's proposal did not adequately address material solicitation requirements and was therefore not among the most highly rated proposals eligible to participate in phase two of the procurement.
2. Protester's remaining protest grounds are dismissed where the protester cannot demonstrate any alleged agency error resulted in competitive prejudice. Tags: GAO, government contracting, procurement, evaluation, RFP Randy Kinder Excavating protests elimination from civil works RFP; GAO denies claims on evaluation standards. #GovernmentContracting #GAO