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B-420072.3 Mar 17, 2022 1 (2022-03-17)

handle is hein.gao/gaondn0001 and id is 1 raw text is: 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 a GAO Protective Order. This version has been Decision ! approved for public release. Matter of: Shimmick Construction Company, Inc. File: B-420072.3 Date: March 17, 2022 Giovanni Ruscitti, Esq., Berg Hill Greenleaf & Ruscitti LLP, for the protester. Casey McKinnon, Esq., and Michael H. Payne, Esq., Cohen Seglias Pallas Greenhall & Furman PC, for Michels Corporation, the intervenor. Amanda R. Fuller, Esq., Alexandria P. Tramel, Esq., Maryann Blouin, Esq., and Jeremy Weber, Esq., Department of the Army, for the agency. Christopher An, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the scope of the agency's corrective action is dismissed as untimely where the protester waited to file its protest until after the completion of the corrective action. DECISION Shimmick Construction Company, Inc. of Oakland, California, protests the award of a contract to Michels Corporation of Brownsville, Wisconsin, under invitation for bids (IFB) No. W9123821 B0010, issued by the Department of the Army, United States Army Corps of Engineers for the construction of a reinforced concrete ogee weir and other various drainage improvements. The protester argues that the agency, as part of its implementation of corrective action, improperly solicited and considered additional information from Michels to assess whether Michels met the IFB's definitive responsibility criteria. We dismiss the protest. BACKGROUND On May 27, 2021, the agency issued the IFB seeking bids for the construction of a reinforced concrete ogee weir across the Success Lake spillway in Porterville, California. The IFB sought various other drainage improvement projects to include the

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