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B-412277,B-412277.2,B-412277.3 1 (2016-01-14)

handle is hein.gao/gaobadrvn0001 and id is 1 raw text is: 




          G     A    O                                                   Comptroller General
! 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                          - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  NCS/EML JV, LLC

           File:       B-412277; B-412277.2; B-412277.3

           Date:       January 14, 2016

           John C. Dulske, Esq., Joan Kelley Fowler Gluys, Esq., and Bryan L. Kost, Esq., The
           Law Offices of Dulske & Gluys, P.C., for the protester.
           Steven J. Koprince, Esq., Matthew T. Schoonover, Esq., and Matthew P. Moriarty,
           Esq., Koprince Law LLC, for Pegasus Support Services, LLC, the intervenor.
           Laura A. Larkin, Esq., Department of the Navy, for the agency.
           Young S. Lee, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO,
           participated in the preparation of the decision.
           DIGEST

           1. Protest challenging the evaluation of the awardee's corporate experience, past
           performance, and technical approach is denied where record supports the
           reasonableness of the agency's evaluation.

           2. Protest that awardee's proposal would not comply with Federal Acquisition
           Regulation clause 52.219-14, limitations on subcontracting, is dismissed, where the
           clause was not included in the solicitation.

           3. Protest challenging agency's decision to enter into discussions with offerors is
           denied where the agency reasonably exercised its discretion to engage in
           discussions in accordance with the terms of the solicitation.
           DECISION

           NCS/EML Joint Venture, LLC, (NCS/EML) a small business of Louisville, Kentucky,
           protests the award of a contract to Pegasus Support Services, LLC, (Pegasus) a
           small business of Norfolk, Virginia, by the Department of the Navy, Naval Facilities
           Engineering Command under request for proposals (RFP) No. N40085-15-R-7738
           for maintenance center equipment services at the Marine Corps Logistics Base

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