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B-419448.4,B-419448.5 Nov 16, 2023 1 (2023-11-16)

handle is hein.gao/gaopmi0001 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:   Aurora Industries, LLC

File:     B-419448.4; B-419448.5

Date:     November 16, 2023

Ruth E. Ganister, Esq., Rosenthal and Ganister, LLC, for the protester.
Kenneth  A. Martin, Esq., The Martin Law Firm, PLLC, for Bering Global Solutions, LLC,
the intervenor.
Nathan  E. Mires, Esq., and Robert J. Alley, Esq., Department of Justice, for the agency.
Kenneth  Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest that agency unreasonably found proposal ineligible for award is denied
where the evaluation was consistent with the solicitation and procurement law and
regulation.

2. Protest that the agency unreasonably failed to conduct clarifications with the
protester to rectify errors in the protester's price proposal is denied where the proposal
defects could not have been cured through clarifications.

3. Protester is not an interested party to challenge the agency's evaluation of the
protester's technical proposal or the eligibility of the awardee's proposal where the
protester would not be in line for award even if its allegations were sustained.
DECISION

Aurora Industries, LLC, of Virginia Beach, Virginia, protests the award of a contract to
Bering Global Solutions, LLC, (BGS), of Anchorage, Alaska, under request for
proposals (RFP) No. 15A00021  R00000007,  issued by the Department of Justice,
Bureau  of Alcohol, Tobacco, Firearms and Explosives (ATF), to support the distribution
and supply service center for ATF's Special Operations Division. The protester
challenges the agency's evaluation of its proposal and contends that the awardee may
not be adhering to the RFP's limitations on subcontracting.


We  deny the protest.

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