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B-423143,B-423143.2 Jan 27, 2025 1 (2025-01-27)

handle is hein.gao/gaorlg0001 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. The entire decision has now
                                           been approved for public release.


Matter of:   ECC  Infrastructure, LLC

File:     B-423143; B-423143.2

Date:     January 27,   2025

Richard B. Oliver, Esq., J. Matthew Carter, Esq., and Aleksey R. Dabbs, Esq., Pillsbury
Winthrop Shaw  Pittman LLP, for the protester.
Robert Nida, Esq., Nida & Romyn, PC, for TPC-NAN  Joint Venture, the intervenor.
Rebecca  J. Wrightson, 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

Agency  reasonably determined that protester's proposal failed to comply with material
solicitation requirements, thereby rendering the proposal ineligible for award.
DECISION

ECC  Infrastructure, LLC, of Burlingame, California, protests the Department of the
Navy's issuance of a task order to TPC-NAN Joint Venture, pursuant to request for
proposals (RFP) No. N40192-24-R-2004,  for the design and construction of waterfront
repairs at Apra Harbor, Naval Base Guam. ECC  challenges the agency's evaluation of
its proposal, including the agency's assessment of deficiencies. Supp. Consolidated
Protest at 8-27.1

We  deny the protest.2



1 The page numbers  referenced in this decision are the Adobe PDF page numbers in
the documents submitted.
2 After the protest was filed, the agency executed a written determination and findings
(D&F), concluding that the best interests of the government necessitated a partial
override of the Competition in Contracting Act's (CICA) performance stay that was
triggered by ECC's protest. Specifically, the agency stated:


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