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B-418639.2 1 (2020-12-29)

handle is hein.gao/gaobaeckq0001 and id is 1 raw text is: GAO 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 version has been approved for public release. Matter of: KMK Construction, Inc. File: B-418639.2 Date: December 29, 2020 Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., John M. Mattox II, Esq., and Ian P. Patterson, Esq., Schoonover & Moriarty LLC, for the protester. Jenna N. Gustafson, Esq., Tristan Brown, Esq., and Nancye Bethurem, Esq., Department of the Army, for the agency. Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's evaluation of proposal as technically unacceptable is denied where the record shows that the agency's evaluation was reasonable and consistent with the solicitation's terms. 2. Protester's challenges regarding ambiguities in the solicitation are untimely because any ambiguity was patent and was not challenged prior to the due date for receipt of proposals. 3. Protester is not an interested party to challenge other aspects of the evaluation where its proposal was reasonably evaluated as technically unacceptable. DECISION KMK Construction, Inc. (KMK), a small business of Eliot, Maine, protests the evaluation of its proposal under request for proposals (RFP) No. W912WJ20R0002, issued by the Department of the Army, Corps of Engineers (Corps) to provide design-build services in support of the Corps's New England district mission. The protester challenges the agency's evaluation of its proposals in multiple phases of the procurement and argues that the best-value determination was flawed. We deny the protest.

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