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B-421022,B-421022.2 Dec 15, 2022 1 (2022-12-15)

handle is hein.gao/gaooar0001 and id is 1 raw text is: 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: Superior Waste Management, LLC File: B-421022; B-421022.2 Date: December 15, 2022 Douglas P. Hibshman, Esq., and Nicholas Solosky, Esq., Fox Rothschild LLP, for the protester. Benjamin Hogan, Esq ., Andrew J. Smith, Esq., and Abraham Young, Esq., Department of the Army, for the agency. Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency reasonably accepted intervening bidder's late bid, where agency failed to implement reasonable procedures to ensure the timely receipt of bids and where consideration of the late bid did not otherwise compromise the integrity of the procurement process. 2. Protester is not an interested party to challenge the agency's evaluation of the awardee where the protester has otherwise failed to raise protest grounds challenging the agency's evaluation of an intervening bidder. DECISION Superior Waste Management, LLC (SWM), a small business of Dunn, North Carolina, protests the award of a contract to Nisou Enterprises, of Wichita, Kansas, under invitation for bids (IFB) No. W911 RX22B0003, issued by the Department of the Army for refuse and recycling services at Fort Riley, Kansas. The protester argues that the agency's evaluation of the awardee's bid was unreasonable, and that the agency improperly accepted and considered an intervening bidder's late bid. We deny the protest in part and dismiss in part. BACKGROUND The Army issued the IFB on March 1, 2022, under the procedures of Federal Acquisition Regulation (FAR) part 14, seeking bids for refuse and recycling services, as

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