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B-419588,B-419588.2 May 12, 2021 1 (2021-05-12)

handle is hein.gao/gaolrz0001 and id is 1 raw text is: 1Oo 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 redacted version has
been approved for public release.
Matter of: Graham Services, LLC
File:      B-419588; B-419588.2
Date:      May 12, 2021
Lynn Patton Thompson, Esq., Biggs, Pettis, Ingram & Solop, PLLC, for the protester.
Adam K. Lasky, Esq., and Bret C. Marfut, Esq., Seyfarth Shaw LLP, for NuGate Group,
LLC, the intervenor.
Johanna L. Anderson, Esq., Department of the Army, for the agency.
Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest alleging that awardee lacks requisite experience to satisfy a definitive
responsibility criterion is denied where the awardee submitted evidence of experience
from which the contracting officer could reasonably conclude that the criterion had been
satisfied.
2. Protest alleging awardee failed to meet other definitive responsibility criteria and
challenging the agency's review of documentation submitted to support satisfaction of
all definitive responsibility criteria is dismissed as untimely where the allegations were
raised more than 10 days from the time the protester knew, or should have known, of its
basis of protest.
DECISION
Graham Services, LLC (Graham), a historically underutilized business zone (HUBZone)
small business of Smithville, Tennessee, protests the award of a contract to NuGate
Group, LLC (NuGate), a HUBZone small business of San Jose, California, under
invitation for bids (IFB) No. W912P521 B0001, issued by the Department of the Army,
Army Corps of Engineers (Corps), for operation and maintenance services. The
protester argues that the awardee failed to satisfy one of three definitive responsibility
criteria detailed in the solicitation.

We deny the protest.

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