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B-411726 1 (2015-09-22)

handle is hein.gao/gaobadrlt0001 and id is 1 raw text is: 




        G     A    O                                                 Comptroller General
      Accountability * Integrity * Reliability            of the United States
United States Government Accountability Office
Washington, DC 20548


         Decision


         Matter of:  Robert F. Hyland & Sons, LLC

         File:       B-411726

         Date:       September 22, 2015

         Michael Zink for the protester.
         Debra J. Talley, Esq., Department of the Army, for the agency.
         Jonathan T. Williams, Esq., Piliero Mazza PLLC, for Check 6, LLC, the intervenor.
         Lois Hanshaw, Esq., Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of
         the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest challenging the agency's affirmative responsibility determination is
         dismissed where protester has not identified any available relevant information the
         contracting officer failed to consider in making his determination.
         DECISION

         Robert F. Hyland & Sons, LLC (Hyland), of Rochester, New York, protests the
         award of a contract to Check 6, LLC, of Brigham City, Utah, by the Department of
         the Army, Army Materiel Command under invitation for bids (IFB) No. W25G1V-15-
         B-0001 for the construction of an enclosed walkway between buildings at
         Tobyhanna Army Depot in Tobyhanna, Pennsylvania. Hyland contends that the
         agency's affirmative determination of the awardee's responsibility unreasonably
         failed to consider available relevant information.

         We dismiss the protest.

         On February 24, 2015, the IFB was issued as a set-aside for service-disabled,
         veteran-owned small businesses (SDVOSB). IFB at 1, 5. As relevant here, the IFB
         stated that award would be made to the responsible bidder who submits the
         lowest-priced, responsive bid. IFB at 64. Additionally, the IFB stated that prior to
         award, the bidder shall provide three references demonstrating successful
         performance within the last three years of projects similar in scope and magnitude
         to the current procurement. IFB at 18. When bids were timely submitted and
         opened on April 14, Check 6 was determined to be the apparent low bidder.

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