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B-420310.2 Dec 08, 2021 1 (2021-12-08)

handle is hein.gao/gaomqb0001 and id is 1 raw text is: Ijoo U.S. GOVERNMENT ACCOUNTABILITY QEFICE G A O 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 L been approved for public release. Matter of: Kolb Grading, LLC File: B-420310.2 Date: December 8, 2021 Jeffery M. Chiow, Esq., Alexandria Tindall Webb, Esq., and Neil O'Donnell, Esq., Rogers Joseph O'Donnell, PC, for the protester. Sabah Petrov, Esq., Nathaniel Greeson, Esq., Patrick Quigley, Esq., and Robert J. Symon, Esq., Bradley Arant Boult Cummings LLP, for the intervenor. Deena G. Braunstein, Esq., James Zaleski, Esq., Amber Jackson, Esq., and Susan E. Symanski, Esq., Department of the Army, for the agency. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly failed to consider protester's proposal is dismissed as untimely where protester failed to diligently pursue the information on which the protest is based. DECISION Kolb Grading LLC, of Weldon Spring, Missouri, protests the award of a contract to Phillips & Jordan, Inc., of Knoxville, Tennessee, under request for proposals (RFP) No. W912EP21 R0024, issued by the Department of the Army, Army Corps of Engineers, for the construction of canals and a maintenance road in Palm Beach County, Florida. The protester argues that the agency improperly failed to consider its timely submitted proposal. We dismiss the protest as untimely because it was filed more than 10 calendar days after the protester received constructive notice of the basis for its protest. The agency issued the solicitation on July 16, 2021. Proposals, which were due on August 17, at 10:00 am (EDT), were required to be submitted electronically via the agency's secure access file exchange (SAFE) website. The agency awarded the contract to Phillips on September 23, and posted notice of the award on the System for Award Management (SAM) Contract Opportunities website (beta.SAM.gov) on

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