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B-422744.2 Dec 19, 2024 1 (2024-12-19)

handle is hein.gao/gaorhv0001 and id is 1 raw text is: G AOU.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. The entire decision has now been approved for public release. Matter of: Acciona CMS JV, LLC File: B-422744.2 Date: December 19, 2024 Casey J. McKinnon, Esq., Cohen Seglias Pallas Greenhall & Furman PC, for the protester. Courtney Rahn-Warner, Esq., Department of the Navy, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the solicitation's requirement that all offerors register with the Spanish Ministry of Finance to obtain certification regarding their financial and technical capability is denied where protester expressly acknowledges that the solicitation provision is required by the U.S.- Spain Agreement on Defense Cooperation. 2. Protester's assertion that the solicitation fails to provide adequate time to comply with the registration requirements is denied where the agency has granted multiple extensions of the deadline for compliance and protester delayed its efforts to comply with the requirement. DECISION Acciona CMS JV, LLC, of Bargersville, Indiana, protests the terms of request for proposals (RFP) No. N62470-24-R-0002, issued by the Department of the Navy, for a task order to build an explosive ordnance disposal facility at the U.S. Naval Station in Rota, Spain. See Agency Report (AR), Exh. 2, Initial RFP at 3.1 Acciona asserts that the terms of the solicitation, as amended, improperly require that U.S. firms register with the Spanish Ministry of Finance, maintaining that this requirement is unduly restrictive, arbitrary, capricious, and contrary to law. Protest at 2. Alternatively, Acciona asserts that the terms of the solicitation fail to provide adequate time to comply with the registration requirement. Id. at 12-13. 1 The page numbers referenced in this decision are the Adobe PDF page numbers rather than the page numbers appearing on the face of the documents submitted.

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