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B-407190 1 (2012-11-19)

handle is hein.gao/gaobadpff0001 and id is 1 raw text is: G A O Comptroller General r Accountablity * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: TMG Construction Corporation File: B-407190 Date: November 19, 2012 Reginald M. Jones, Esq., Douglas P. Hibshman, Esq., and Nicholas T. Solosky, Esq., Fox Rothschild LLP, for the protester. Michael H. Payne, Esq., and Joseph A. Hackenbracht, Esq., Cohen Seglias Pallas Greenhall & Furman PC, for JS Global, LLC, an intervenor. Madeline Shay, Esq., Department of the Army, for the agency. Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing that solicitation requirement for top secret facility site clearance at time of award and requirement that contractor be capable of providing safeguarding (i.e., classified storage) capability at top secret level should be read together to require safeguarding approval at time of award is denied where it is clear from governing guidance that facility clearance determination is separate from storage capability determination. DECISION TMG Construction Corporation (TMG), of Purcellville, Virginia, protests the award of a contract to JS Global, LLC (JSG), of Upper Marlboro, Maryland, under request for proposals (RFP) No. W912DR-12-R-0013, issued by the Department of the Army, Corps of Engineers, for repair, renovation, and construction projects in the District of Columbia's National Mall area. The protester argues that JSG's proposal should have been rejected as technically unacceptable because the awardee lacks a top secret safeguarding clearance. TMG also challenges the technical evaluation of its own proposal. We deny the protest.

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