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B-417734.2 1 (2019-10-22)

handle is hein.gao/gaobaeaco0001 and id is 1 raw text is: 



G&O U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Lyon Shipyard, Inc.

File:       B-417734.2

Date:       October 22, 2019

Michael J. Gardner, Esq., Shomari B. Wade, Esq., and Brett A. Castellat, Esq.,
Greenberg Traurig, LLP, for the protester.
Robert K. Colby, Esq., Department of Homeland Security, for the agency.
Michael P. Grogan, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest challenging an agency's termination of awardee's contract after another
disappointed firm filed a protest is dismissed where the agency's decision to terminate
the contract did not arise from a defect or impropriety in the award of the contract, and
thus the protester's challenge presents a question of contract administration not for our
consideration as part of our bid protest function.
DECISION

Lyon Shipyard, Inc. (Lyon), a small business of Norfolk, Virginia, protests the decision of
the Department of Homeland Security, U.S. Coast Guard, to terminate a contract for
facilities and services necessary to perform dry dock repairs on the U.S. Coast Guard
Cutter (USCGC) Dependable awarded to Lyon under request for quotations (RFQ)
No. 70Z080-19-Q-P4590400. The protester contends that the agency unreasonably
decided to terminate, rather than defend, the award to Lyon when another disappointed
vendor filed a post-award protest challenging the award to Lyon.

We dismiss the protest.

BACKGROUND

On April 3, 2019, the Coast Guard issued a solicitation seeking dry dock repairs for the
USCGC Dependable, ported in Virginia Beach, Virginia. Contracting Officer's
Statement (COS) at 1. Following the receipt and evaluation of quotations, the agency
awarded a contract to Lyon on June 26. Id. at 4. On July 2, Gulf Marine Repair
Corporation (Gulf), an unsuccessful vendor, filed a protest with our Office. Id. at 5. As

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