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B-422968 Nov 04, 2024 1 (2024-11-04)

handle is hein.gao/gaoqzy0001 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: Newt Marine Service File: B-422968 Date: November 4, 2024 Erin R. Davis, Esq., Taft Stettinius & Hollister LLP, for the protester. Stephen E. Foster, Legacy Corporation of Illinois, for the intervenor. Matthew R. Keiser, Esq., Simon Rutherford, Department of the Army, for the agency. Emily R. O'Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging contracting officer's affirmative determination of responsibility is dismissed where the allegations do not meet the exceptions that trigger a review under our Bid Protest Regulations. DECISION Dubuque Barge & Fleeting Service Co. d/b/a Newt Marine Service, of Dubuque, Iowa, protests the award of a contract to Legacy Corporation of Illinois, of East Moline, Illinois, under Invitation for Bids (IFB) No. W912ES24B0007, issued by the Department of the Army, Corps of Engineers (Corps) for habitat rehabilitation construction services. The protester contends that the awardee should not have been found responsible. We dismiss the protest. BACKGROUND The agency issued the solicitation under Federal Acquisition Regulation (FAR) part 14 on June 4, 2024, as a small business set-aside for construction services. IFB at 2. Specifically, the agency required construction of various sized and shaped islands within the Mississippi River to support habitat rehabilitation. Id. The solicitation advised that the agency would evaluate bids and award a contract to the responsible bidder whose bid, conforming to the solicitation, would be the most advantageous to the government, considering only price and price-related factors. Id. at 16.

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