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B-422634 Sep 05, 2024 1 (2024-09-05)

handle is hein.gao/gaoqto0001 and id is 1 raw text is: 



GAO 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 version has been
                                             approved for public release.

Matter of:  Ashton Marine Company

File:       B-422634

Date:       September  5, 2024

David A. Rose, Esq., Rose Consulting Law Firm, for the protester.
Ian McDaniel, 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. Protest challenging agency's elimination of protester's proposal from competition is
denied where the record shows that the agency reasonably determined that the
protester failed to provide a required resume for a key person.

2. Protest that agency conducted discussions in a manner that was not meaningful or
equal is denied where the record shows that the agency reasonably advised the
protester of the agency's concerns with the protester's proposal and treated offerors in
an even-handed manner.
DECISION

Ashton Marine Company,  a small business of Muskegon, Michigan, protests the award
of a contract to Midwest Construction Company, LLC, a small business of Nebraska
City, Nebraska, under request for proposals (RFP) No. W912P624R0006, issued by the
Department of the Army, Corps of Engineers for the delivery of armor stone to six Lake
Michigan harbors. The protester contends that the agency unreasonably eliminated
Ashton's proposal from the competition and failed to conduct meaningful and equal
discussions.

We  deny the protest.

BACKGROUND

On February 14, 2024, the agency issued the RFP pursuant to the procedures of
Federal Acquisition Regulation (FAR) part 15, seeking proposals to provide armor stone
for breakwater repairs at six harbors of Lake Michigan, located in Wisconsin, Illinois,

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