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B-419741,B-419741.2 Jul 12, 2021 1 (2021-07-12)

handle is hein.gao/gaomam0001 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: Newt Marine Service File: B-419741; B-419741.2 Date: July 12, 2021 Paul R. Hurst, Esq., and Caitlin Conroy, Esq., Steptoe & Johnson LLP, for the protester. Stephen Foster, Legacy Corporation of Illinois, for the intervenor. Anna Kurtz, Esq., Department of the Army, for the agency. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. GAO does not review contracting officer's affirmative determination of responsibility where contracting officer did not ignore information that, by its nature, would be expected to have a strong bearing on whether the awardee should be found responsible. 2. GAO will not review protest that awardee will violate prospective contract's limitations on subcontracting where protester has not pointed to anything in awardee's bid which indicates that awardee will not comply with the limitations. 3. Protest that agency improperly determined bidder's size status is denied where agency was considering responsibility, not size status. DECISION Dubuque Barge and Fleeting Service Company d/b/a Newt Marine Service (Newt Marine), of Dubuque, Iowa, protests the award of a contract to Legacy Corporation of Illinois, of East Moline, Illinois, under invitation for bids (IFB) No. W912EK20B0013, issued by the Department of the Army, Army Corps of Engineers, for dredging services. Newt Marine challenges the agency's determination that Legacy is a responsible company. Newt Marine also asserts that Legacy will not comply with the limitation on subcontracting requirement, and that the agency improperly determined that Legacy qualifies as a small business concern for this procurement.1 1 Newt Marine also protested that the agency: (1) failed to apply definitive responsibility criteria, and (2) failed to forward to the Small Business Administration (SBA) a size

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