HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaoqyb0001 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
Decision
DOCUMENT FOR PUBLIC RELEASE
Matter of: FD Inc.
r The decision issued on the date below was subject to
a GAO Protective Order. This version has been
File: B-422920; B-422920.2 approved for public release.
Date: October 4, 2024
Song Yong Eui, Esq., Central IP & Law, for the protester.
Captain Sana H. Daniell, Department of the Army, for the agency.
Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
Protest filed subsequent to a post-award brief explanation but more than 10 days after
the basis of protest was or should have been known is untimely where a procurement
for commercial items using the simplified acquisition procedures of Federal Acquisition
Regulation part 13 is not a procurement involving a required debriefing, and, thus, the
debriefing exception to our timeliness rules does not apply.
DECISION
FD Inc., a small business of Pyeongtaek Gyeonggo-do, South Korea, protests the
award of a purchase order to LK Tech Co., Ltd., under request for proposals (RFP)
No. W90VN7-24-R-A005, issued by the Department of the Army for fuel tank servicing.
The protester argues that the awardee's proposal should have been evaluated as
technically unacceptable.
We dismiss the protest.
BACKGROUND
On July 25, 2024, the agency issued the solicitation seeking proposals for fuel tank
inspection, testing, maintenance and repair services to be performed at Kunsan Air
Base in South Korea. Req. for Dismissal exh. 1, RFP at 1, 8, 56.1 The agency issued
the solicitation using the procedures of Federal Acquisition Regulation (FAR) Part 12
Acquisition of Commercial Items and FAR [subpart] 13.5 Simplified Acquisition
Procedures for Certain Commercial Items. Id. at 56. Additionally, the solicitation
specified that the System for Award Management (SAM.gov) would be the Official
Means of Disseminating information after solicitation issuance. Id. at 57.
1 Citations use the Adobe PDF pagination of documents in the record.](ViewImageLocal?handle=hein.gao/gaoqyb0001&div=1&collection=&method=preview&ext=.png&size=3)