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B-416778.2,B-416778.4 1 (2018-12-21)

handle is hein.gao/gaobadvll0001 and id is 1 raw text is: 



GO 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:   Herman Construction Group, Inc.

File:        B-416778.2; B-416778.4

Date:        December 21, 2018

David S. Demian, Esq., Christopher R. Sillari, Esq., and Rishi S. Bhatt, Esq., Finch,
Thornton & Baird, LLP, for the protester.
Katherine Arutunian, Esq., Department of the Navy, for the agency.
Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest is denied where the agency's evaluation of the proposal's safety factor was
reasonable and in accordance with the solicitation.
DECISION

Herman Construction Group, Inc., a small business of Escondido, California, protests its
elimination from phase one of a two-phase design-build procurement, conducted under
request for proposals (RFP) No. N62473-18-R-5816 by the Department of the Navy,
Naval Facilities Engineering Command Southwest, for the construction, renovation and
repair of general building projects in the western and southwestern United States. The
protester asserts that it should have received a rating of outstanding, rather than good,
under the safety factor and that this error led to its improper exclusion from phase two of
the competition.

We deny the protest.

BACKGROUND

On October 26, 2017, the Navy issued the RFP as an 8(a) competitive set-aside in
accordance with the two-phase design-build procedures of Federal Acquisition
Regulation subpart 36.3. RFP at 1, 23.1 The agency intends to award three or more

1 Citations to the RFP are to the document in the record at Electronic Protest Docketing
System (EPDS) Docket No. 27.

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