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B-416663.6 1 (2019-10-16)

handle is hein.gao/gaobaeacr0001 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 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: Tope Technology, LLC File: B-416663.6 Date: October 16, 2019 John C. Dulske, Esq., and Bryan L. Kost, Esq., Dykema Gossett PLLC, for the protester. Scott N. Flesch, Esq., Robert Neill, Esq., Robert Nelson, Esq., and Eugenee M. Gray, Esq., Department of the Army, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's evaluation of the protester's proposal as noncompliant with the solicitation's formatting requirements and thus ineligible for award is denied where the agency reasonably conducted an initial assessment of proposals for compliance with the solicitation's published formatting requirements in accordance with the amended solicitation terms. DECISION Tope Technology, LLC, an 8(a) small business concern located in Clearfield, Utah, protests the award of a contract to ML-TKL Construction JV, an 8(a) small business concern, of Springville, Utah, under request for proposals (RFP) No. W91151-17-R- 0064, issued by the Department of the Army, for construction services. Tope challenges the Army's evaluation of its proposal as noncompliant with the solicitation's formatting requirements and thus ineligible for award. We deny the protest. BACKGROUND The Army issued the solicitation on August 21, 2017, as a set-aside for participants in the Small Business Administration's (SBA) 8(a) program. The RFP sought construction services for a broad variety of minor construction projects at the U.S. Army Dugway Proving Ground in Utah. RFP at 1. The solicitation contemplated the award of a single,

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