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B-414840.2,B-414841.2 1 (2017-08-25)

handle is hein.gao/gaobadttb0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: PennaGroup, LLC File: B-414840.2; B-414841.2 Date: August 25, 2017 Michael Evangelista-Ysasaga, for the protester. Andrew K. Lieberman, Esq., and Jodi L. Silcox, Esq., Department of Homeland Security, for the agency. Todd C. Culliton, Esq., Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests that the agency unreasonably evaluated proposals are dismissed where the protester failed to timely file comments on the agency reports. DECISION PennaGroup, LLC, of Fort Worth, Texas, protests the exclusion of its proposals from phase II of the competitions conducted under request for proposals (RFP) Nos. HSBP1017ROO22 and HSBP1017ROO23, which were issued by the Department of Homeland Security (DHS), U.S. Customs and Border Protection, for border wall prototypes. PennaGroup argues that DHS unreasonably evaluated its proposals as non-compliant with the solicitations. We dismiss the protests because PennaGroup failed to file its comments on the agency reports by the date established by our Office, as required by our Bid Protest Regulations. On March 17, 2017, DHS issued RFP No. HSBP1017ROO22 for the design and construction of solid concrete border wall prototypes, and RFP No. HSBP1017R0023 for the design and construction of other than solid concrete border wall prototypes. The RFPs were issued under the two-phase design-build provisions of Federal Acquisition Regulation (FAR) subpart 36.3. The solicitations here concerned phase I of the competition, and proposals submitted in response to the RFP were to be evaluated to determine whether an offeror would be permitted to participate in phase II of the procurement.

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