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B-420750.2 Dec 19, 2022 1 (2022-12-19)

handle is hein.gao/gaoocd0001 and id is 1 raw text is: G A '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 been approved for public release. Matter of: The Morganti Group, Inc. File: B-420750.2 Date: December 19, 2022 Jason P. Matechak, Esq., and Jill K. McDowell, Esq., Impresa Legal Group, for the protester. Scott M. Heimberg, Esq., Thomas P. McLish, Esq., and Samantha J. Block, Esq., Akin Gump Strauss Hauer & Feld LLP, for American International Contractors, Inc., the intervenor. Megan O. Jorns, Esq., Department of the Army, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly failed to evaluate protester's proposal is denied where the protester failed to submit its proposal in accordance with the terms of the solicitation, and its proposal was automatically and irretrievably deleted by the agency's system. 2. Protest that agency engaged in disparate treatment is denied where agency treated similarly situated offerors in an equal manner. DECISION The Morganti Group, Inc., of Danbury Connecticut, protests the award of a contract to American International Contractors, Inc. (AICI), of McLean, Virginia, under request for proposals (RFP) No. W912ER-22-R-0007, issued by the Department of the Army, Corps of Engineers, for the construction of a munitions storage area in Jordan. The protester contends that the agency improperly failed to evaluate its proposal. It also contends the agency engaged in disparate treatment. We deny the protest.

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