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B-419969.6,B-419969.7 Apr 21, 2023 1 (2023-04-21)

handle is hein.gao/gaoooa0001 and id is 1 raw text is: 



                G   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:   SeaTech  Security Solutions; Apogee Group, LLC

File:        B-419969.6; B-419969.7

Date:     April  21, 2023

Antonio R. Franco, Esq., Katherine B. Burrows, Esq., Jacqueline K. Unger, Esq., Kevin
T. Barnett, Esq., and Daniel J. Figuenick III, Esq., Piliero Mazza, for SeaTech Security
Solutions; Nicole D. Pottroff, Esq., Shane J. McCall, Esq., John L. Holtz, Esq.,
Stephanie L. Ellis, Esq., and Gregory P. Weber, Esq., Koprince McCall Pottroff LLC, for
Apogee  Group, LLC, the protesters.
Robert K. Tompkins, Esq., Gregory H. Koger, Esq., Kelsey M. Hayes, Esq., Richard
Ariel, Esq., and Sean R. Belanger, Esq., Holland & Knight LLP, for K2 Construction
Consultants, Inc., the intervenor.
Eric M. Steinberg, Esq., and Brian C. Habib, Esq., Department of Homeland Security,
for the agency.
Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protests challenging the agency's evaluation of awardee's past performance are
denied where, consistent with the terms of the solicitation, the agency reasonably found
the awardee's past performance to be relevant.

2. Protester's contention that the agency unreasonably evaluated the protester's
proposal is denied where the protester's arguments reflect nothing more than
disagreement with the agency's evaluation. Further, the protester's characterization of
the agency's discussions as misleading is not supported by the record, which shows the
protester made its own independent business judgment regarding how to respond to the
agency's identified concerns.

3. Protester's argument that the agency unreasonably assessed its proposal with a
negative finding is denied because the alleged evaluation error did not result in
competitive prejudice to the protester.

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