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B-421925,B-421925.2 Nov 21, 2023 1 (2023-11-21)

handle is hein.gao/gaopnc0001 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 a
                                               GAO Protective Order. No party requested redactions;
Decision                                       We are therefore releasing the decision in its entirety.


Matter of:   Diversified Elevator Service and Equipment Company, Inc.

File:        B-421925; B-421925.2

Date:        November  21, 2023

Matthew  T. Schoonover, Esq., Matthew P. Moriarty, Esq., John M. Mattox II, Esq.,
Ian P. Patterson, Esq., and Timothy J. Laughlin, Esq., Schoonover & Moriarty LLC, for
the protester.
Cyril lyasele, Black & Loans, LLC, the intervenor.
Andrew  J. Smith, Esq., Major Bruce A. Nessler, Captain Dmitrius R. McGruder, and
Nolan T. Koon, Esq., Department of the Army, for the agency.
Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest that agency misevaluated awardee's proposal is denied where the record
shows  the evaluation was reasonable and consistent with the terms of the solicitation.

2. Protest that awardee would fail to comply with a clause limiting subcontracting is
denied where the proposal on its face did not indicate that the awardee intended to
violate the limitation.
DECISION

Diversified Elevator Service and Equipment Company, Inc., of Millbrook, Alabama, a
small business, protests the award of a contract to Black & Loans, LLC, of Atlanta,
Georgia, also a small business, under request for proposals (RFP)
No. W911  SF-23-R-0006, issued by the Department of the Army for commercial elevator
repairs and services at Fort Moore, Georgia. Diversified argues that the Army
misevaluated the awardee's proposal as acceptable and lacked a basis to find the firm
satisfied multiple definitive responsibility criteria in the RFP.


We  deny the protest.

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