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B-416162,B-416163,B-416164 1 (2018-04-23)

handle is hein.gao/gaobaduon0001 and id is 1 raw text is: GO 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: Kimo Constructors Inc. File: B-416162; B-416163; B-416164 Date: April 23, 2018 Pete V. Domenici, Jr., Esq., and Reed C. Easterwood, Esq., Domenici Law Firm, P.C., for the protester. Lindsay J. Stoudt, Esq., and Hillary J. Freund, Esq., Department of Homeland Security, for the agency. Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protests challenging contract awards by a federally recognized tribe are dismissed because this entity is not a federal agency as defined by the Federal Property and Administrative Services Act of 1949 and therefore the challenged actions are not matters over which GAO has bid protest jurisdiction. DECISION Kimo Constructors, Inc., a Native American and veteran-owned business of Bosque Farms, New Mexico, protests its non-selection for award under requests for proposal (RFP) Nos. FEMA-4152-PW506, FEMA-4197-PW45, and FEMA-4148-PW186, issued by Santo Domingo Pueblo for sediment removal and backfill material replacement. The protester alleges that Santo Domingo Pueblo performed unreasonable technical and price evaluations that resulted in flawed selection decisions, and inadequately documented the record. We dismiss the protests. BACKGROUND Santo Domingo Pueblo is a federally recognized tribe.1 83 Fed. Reg. 4235, 4237 (Jan. 30, 2018). Using grant funding from the Department of Homeland Security, Federal 1 The tribe is also known as Kewa Pueblo. 83 Fed. Reg. 4235, 4237 (Jan. 30, 2018).

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