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B-419000.2 1 (2021-01-15)

handle is hein.gao/gaobaeckc0001 and id is 1 raw text is: 


                    1O     o    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                                A Century of Non-Partisan Fact-Based Work
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 version has been
                                          - - - - - - approved for public release.


Matter of:   Cooper/Ports America, LLC

File:        B-419000.2

Date:     January 15,   2021

Brian Johnson, Esq., Barron Avery, Esq., and Laura Gronauer, Esq., Baker & Hostetler
LLP, for the protester.
Nicole Giles, Esq., Lindy Bathurst, Esq., Tracye W. Howard, Esq., and Brian Walsh,
Esq., Wiley Rein LLP, for James J. Flanagan Shipping Corporation, the intervenor.
Alexis J. Bernstein, Esq., Captain Seiji Ohashi, and Josephine Farinelli, Esq.,
Department  of the Air Force, for the agency.
Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest challenging an agency's proposed corrective action as inadequate for failing
to make a new technical evaluation is dismissed as premature where the protester
merely anticipates improper, prejudicial agency action.

2. Protest objecting to an agency's failure to replace the contracting officer for the
remainder of the procurement is denied where the protester has failed to present
convincing evidence that agency officials acted in bad faith.
DECISION

Cooper/Ports America, LLC (Cooper/Ports) of Houston, Texas, protests the corrective
action taken by the United States Transportation Command under request for proposals
(RFP) No. HTC711-20-R-R002,   for stevedoring and related terminal services at the Port
of Beaumont, Port Arthur, and the Port of Corpus Christi in Texas. Cooper/Ports
contends that the corrective action is unreasonable because it fails to provide a
meaningful remedy  to concerns raised in the protester's prior protest.


We  deny the protest.

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