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B-419771 Jul 13, 2021 1 (2021-07-13)

handle is hein.gao/gaomae0001 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 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: APC Construction, LLC File: B-419771 Date: July 13, 2021 Douglas L. Patin, Esq., Patrick R. Quigley, Esq., and Lisa A. Markman, Esq., Bradley Arant Boult Cummings LLP, for the protester. Kristine M. Knodel, Esq., Department of the Army, for the agency. Samantha Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of an agency's evaluation of the protester's phase one proposal and the agency's decision to exclude the protester from phase two is denied where the agency's evaluation was reasonable, and in accordance with the solicitation's evaluation criteria and the design-build procedures of Federal Acquisition Regulation subpart 36.3. DECISION APC Construction, LLC, a small business of Harvey, Louisiana, protests its exclusion from consideration for award under request for proposals (RFP) No. W9127818R0003, a two-phase design-build solicitation issued by the Department of the Army, Corps of Engineers (Corps), for design, repair, and construction support for military construction projects in the south region of the Corps's Mobile District. The protester contends that the Corps could not exclude APC from phase two of the competition because the protester's proposal was found to be acceptable under phase one. We deny the protest. BACKGROUND The Corps issued the RFP as a total small-business set-aside on May 21, 2020, under the two-phase design-build procedures of Federal Acquisition Regulation (FAR) subpart 36.3. Contracting Officer's Statement (COS) at 1, 3. The RFP contemplated award of indefinite-delivery, indefinite-quantity (IDIQ), multiple-award task order contracts (MATOCs) for 5-year terms to the offerors whose proposals were determined

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