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B-420422,B-420422.2 Mar 07, 2022 1 (2022-03-07)

handle is hein.gao/gaomvp0001 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 redacted version has
been approved for public release.
Matter of:  K&K Industries, Inc.
File:     B-420422; B-420422.2
Date:     March 7, 2022
Samuel S. Finnerty, Esq., Katherine B. Burrows, Esq., Meghan F. Leemon, Esq., and
Anna R. Wright, Esq., Piliero Mazza PLLC, for the protester.
John E. Jensen, Esq., Aaron S. Ralph, Esq., and Ariella Cassell, Esq., Pillsbury
Winthrop Shaw Pittman LLP, for Blinderman Construction Co., the intervenor.
Jennifer A. Spangler, Esq., and Thomas J. Warren, Esq., Department of the Army, for
the agency.
David A. Edelstein, Esq., Alexander O. Levine, Esq., and Evan C. Williams, Esq., Office
of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest is dismissed as untimely where it was filed more than 10 days after the
agency unambiguously stated that the protester's enhanced debriefing had concluded;
the agency's voluntary responses to additional questions, sent to the protester after the
time to protest had expired, did not revive an untimely protest.
2. Supplemental protest based on information obtained by the protester in connection
with an untimely initial protest is dismissed as untimely.
DECISION
K&K Industries, Inc., a small business of Junction City, Kansas, protests the award of a
contract to Blinderman Construction Co., Inc., of Chicago, Illinois, under Request for
Proposals No. W912DQ-21-R-4005 (the solicitation), issued by the Department of the
Army, Army Corps of Engineers, for the design and renovation of a historic barracks
building in Fort Riley, Kansas. The protester argues that the agency conducted an
unreasonable and unequal evaluation of proposals resulting in a flawed best-value
tradeoff determination.

We dismiss the protest as untimely.

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