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B-414219 1 (2017-03-17)

handle is hein.gao/gaobadtgz0001 and id is 1 raw text is: 




         G    A    O                                                    Comptroller General
      Accountabilty * 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:   CJW-Desbuild JV, LLC

         File:        B-414219

         Date:        March 17, 2017

         Douglas L. Patin, Esq., Aron C. Beezley, Esq., and Lisa A. Markman, Esq., Bradley
         Arant Boult Cummings LLP, for the protester.
         David A. Hearne, Esq., Outland, Gray, O'Keefe & Hubbard, for Ocean Construction
         Services, Inc., and Brian Hundertmark, Esq., Douglas A. Knight, Esq., and Eric S.
         Lammers, Esq., Garson Law LLC, for Edifice, LLC, the intervenors.
         Christine Tollefson, Esq., Department of the Navy, for the agency.
         Frank Maguire, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Where the protester failed to provide with its proposal a signed joint venture
         agreement, specifically required by the solicitation, the agency was not required to
         engage in clarifications to permit the protester to cure its failure to provide a
         required document.
         DECISION

         CJW Desbuild JV, LLC, of McLean, Virginia, protests the failure of the Department
         of the Navy, Naval Facilities Engineering Command (NAVFAC) to award it a
         contract under request for proposals (RFP) No. N40080-16-R-01 57, for construction
         services. The protester argues that the agency unreasonably rejected its proposal
         for failing to include a signed joint venture agreement.

         We deny the protest.

         BACKGROUND

         The RFP, issued on May 11, 2016, as a small business set-aside, provided for the
         award of up to six indefinite-delivery/indefinite-quantity (IDIQ) contracts for a base
         period of 12 months and two 1-year options. RFP at 1. Work to be performed
         under the contracts includes repairs, renovations, new construction and alterations

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