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B-421606,B-421606.2,B-421606.3 Jul 06, 2023 1 (2023-07-06)

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                    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:   West Pacific Electric Company Corporation

File:     B-421606; B-421606.2; B-421606.3

Date:        July 6, 2023

Shane  J. McCall, Esq., Nicole D. Pottroff, Esq., John L. Holtz, Esq., Stephanie L. Ellis,
Esq., and Gregory P. Weber, Esq., Koprince, McCall & Pottroff, LLC, for the protester.
Andrew  Campos,  Esq., Department of the Navy, for the agency.
Michelle Litteken, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest that agency unreasonably evaluated protester's proposal as unacceptable under
the solicitation's experience factor is denied where the evaluation was reasonable and
consistent with the solicitation.
DECISION

West  Pacific Electric Company Corporation (West Pacific), of Pismo Beach, California,
protests its exclusion from the competition under request for proposals (RFP)
No. N6247321  R1216, issued by the Department of the Navy, Naval Facilities
Engineering Command,  for projects involving construction and repair of dry utilities at
government  installations located in six western states. The protester argues that the
agency improperly rated its proposal as unacceptable under the experience factor.

We  deny the protest.

BACKGROUND

On  November  4, 2021, the Navy issued the solicitation as a small business set-aside
under the two-phase design-build procedures of Federal Acquisition Regulation (FAR)
subpart 36.3 and the negotiated procurement procedures of FAR part 15. Contracting
Officer's Statement and Memorandum  of Law (COS/MOL)  at 6; Agency Report (AR),

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