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B-422708 Sep 10, 2024 1 (2024-09-10)

handle is hein.gao/gaoqtl0001 and id is 1 raw text is: G AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Venergy Group, LLC File: B-422708 Date: September 10, 2024 Ashley Ellis, Venergy Group, LLC, for the protester. Phillip T. Paradise, Esq., and Nelson J. Van Eck, Esq., Department of the Army, for the agency. Uri R. Yoo, Esq., and Alexander 0. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In a procurement conducted under the two-phase design-build selection procedures of Federal Acquisition Regulation subpart 36.3, protest challenging agency's evaluation of protester's phase one proposal is dismissed as untimely where the protest was filed more than 10 days after the protester received information that formed the basis of the protest. 2. Debriefing provided subsequent to phase one of the two-phase design-build procedures of Federal Acquisition Regulation subpart 36.3 does not constitute a required debriefing under our general timeliness rules because the phase one procurement is not a procurement conducted on the basis of competitive proposals. DECISION Venergy Group, LLC, a small business of Fort Pierce, Florida, protests the exclusion of its proposal from the competition conducted under request for proposals (RFP) No. W912HN-23-R-4002, issued by the Department of the Army, Corps of Engineers for general and design-build construction projects issued by the Army's Savannah District in Georgia. The protester challenges the evaluation of its proposal and the decision to exclude it from the second phase of the competition. We dismiss the protest as untimely.

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