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B-419156.2 1 (2021-01-26)

handle is hein.gao/gaobaecio0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Butt Construction Company, Inc. File: B-419156.2 Date: January 26, 2021 Rachel Butt, for the protester. Nora E. Luftus, Esq., Frantz Ward LLP, for R.J. Runge Company, Inc., the intervenor. Christopher Lambert, Esq., and Tarrah M. Beavin, Esq., Department of the Army, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly rescinded the rejection of competitor's bid as nonresponsive is denied where agency properly recognized that joint certification program registration was a matter of responsibility that could be corrected after bid opening. DECISION Butt Construction Company, Inc., of Dayton, Ohio, a small business, protests the award of a contract to R.J. Runge Company, Inc., of Port Clinton, Ohio, also a small business, under invitation for bids (IFB) No. W912QR-20-B-0020, issued by the Department of the Army, Corps of Engineers, for construction of an exterior elevator for the Joint Systems Manufacturing Center in Lima, Ohio. Butt argues that the Army should have rejected Runge's bid as nonresponsive. We deny the protest. BACKGROUND The IFB, issued July 15, 2020, sought bids to perform construction services. The terms of the original IFB did not designate the competition as being set aside for small businesses; an amendment added the set-aside requirement. Agency Report (AR), Tab 5, IFB amend. 1 at 1. As relevant to the protest, among the terms of the synopsis accompanying the IFB was the following:

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