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B-422978,B-422978.2 Dec 30, 2024 1 (2024-12-30)

handle is hein.gao/gaorhq0001 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:  Orion Government  Services, Inc.

File:     B-422978; B-422978.2

Date:     December 30, 2024

Jayna Marie Rust, Esq., and Scott Lane, Esq., Thompson Coburn LLP, for the protester.
Robert J. Sneckenberg, Esq., Christian N. Curran, Esq., William B. O'Reilly, Esq., and
Emily P. Golchini, Esq., Crowell & Moring LLP, for McCarthy Building Companies, Inc.,
the intervenor.
Stakely McConnell, Esq., Department of the Army, for the agency.
Samantha  S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest is dismissed where protester's proposal was technically unacceptable due to
unavailability of proposed key personnel, and, as a result, protester is not an interested
party to question the agency's evaluation or source selection decision.
DECISION

Orion Government  Services, LLC, of Houston, Texas, protests the award of a contract
to McCarthy Building Companies, Inc., of St. Louis, Missouri, under request for
proposals (RFP) No. W912HY24R0008,   issued by the Department of the Army, Corps
of Engineers (Corps), for construction services in the Houston Ship Channel System.
The protester challenges the agency's evaluation of proposals and resulting source
selection decision.

We  dismiss the protest because Orion is not an interested party.

BACKGROUND

On  November 20, 2023, using the procedures of Federal Acquisition Regulation (FAR)
part 15 and subpart 36.2, the agency issued the solicitation seeking proposals for
construction services for the Port of Houston in the Houston Ship Channel. Agency

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