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B-412046.3 1 (2016-09-29)

handle is hein.gao/gaobadspd0001 and id is 1 raw text is: G A O Comptroller General VK O Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. D e c i s i o n - .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Cape Environmental Management, Inc. File: B-412046.3 Date: September 29, 2016 Kevin P. Mullen, Esq., and Rachel K. Plymale, Esq., Morrison & Foerster LLP; and Carrie F. Apfel, Esq., Jenner & Block LLP, for the protester. William E. Franczek, Esq., and Patrick Genzler, Esq., Vandeventer Black LLP, for MEB General Contractors, Inc., an intervenor. Connie L. Baran, Esq., Department of the Army, Corps of Engineers, for the agency. Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reimbursement of costs of filing and pursuing a protest is denied where protest was not clearly meritorious, notwithstanding the agency's decision to take corrective action. DECISION Cape Environmental Management, Inc. (Cape), of Norcross, Georgia, requests that our Office recommend it be reimbursed the reasonable costs of filing and pursuing its protest challenging the award of a contract to MEB General Contractors, Inc. (MEB), of Savannah, Georgia, under request for proposals (RFP) No. W912HN-15-R-0003, issued by the Department of the Army, Corps of Engineers (Corps), for construction to replace hydrant fuel systems at Robins Air Force Base, Georgia. We deny the request. BACKGROUND The RFP, issued on March 12, 2015, under Federal Acquisition Regulation (FAR) part 15, contemplated the award of a fixed-price contract on a best-value basis,

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