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B-405290 1 (2011-09-01)

handle is hein.gao/gaobadqfo0001 and id is 1 raw text is: SG A O Comptroller General Accountability * 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: 2H&V Construction Services, LLC File: B-405290 Date: September 1, 2011 Janice M. Theriot, Esq., and John H. Dwyer, Jr., Esq., Zielke Law Firm PLLC, for the protester. Antonio R. Franco, Esq., Patrick T. Rothwell, Esq., and Ryan C. Bradel, Esq., PilieroMazza PLLC, for LM2 Construction Company, Inc., an intervenor. Andre Ahuna, Esq., Department of the Navy, for the agency. Christina Sklarew, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In a negotiated procurement that provided for award to the lowest-priced, technically acceptable proposal, the agency reasonably found the protester's proposal to be technically unacceptable where the protester failed to address a number of required elements under an evaluation factor. 2. Protest of an agency's waiver of a certification requirement for the awardee is denied where the protester was not prejudiced by the waiver. DECISION 2H&V Construction Services, LLC, of Bonifay, Florida, protests the award of a contract to LM2 Construction Company, Inc., of Anaheim, California under request for proposals (RFP) No. N40192-1 1 -R-2900, issued by the Naval Facilities Engineering Command, Department of the Navy, for painting and related services. 2H&V argues that its proposal was improperly rejected by the agency as unacceptable and that the agency improperly waived a certification requirement. We deny the protest.

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