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B-423138,B-423138.3 Feb 04, 2025 1 (2025-02-04)

handle is hein.gao/gaorlt0001 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: Sauer Construction, LLC File: B-423138; B-423138.3 Date: February 4, 2025 Lawrence M. Prosen, Esq., Eric W. Leonard, Esq., and Matthew J. Howell, Esq., Cozen O'Connor, for the protester. Richard J. Pinto, II, Esq., Marks & Pinto, LLP, for RQ Construction, LLC, the intervenor. David L. Nimmich, Esq., Department of the Navy, for the agency. Uri R. Yoo, Esq., and Alexander 0. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest arguing that agency failed to evaluate whether the awardee's project labor agreement (PLA) complied with FAR provision 52.222-33, as required by the solicitation, is denied where the protester fails to establish that it was competitively prejudiced by the agency's failure to evaluate the awardee's PLA. DECISION Sauer Construction, LLC, of Jacksonville, Florida, protests the issuance of a task order to RQ Construction, LLC, of Carlsbad, California, under request for proposals (RFP) No. N40085-24-R-2546, issued by the Department of the Navy, Naval Facilities Engineering Command for building construction and renovation services. The protester alleges that the agency failed to evaluate the awardee's project labor agreement (PLA) in accordance with the solicitation and applicable laws and regulations. We deny the protest. BACKGROUND On June 26, 2024, the Navy issued the task order solicitation, using the ordering procedures of Federal Acquisition Regulation (FAR) subpart 16.5, to holders of the agency's multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts for large general construction projects in the Hampton Roads area of responsibility. Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 2; Agency Report (AR), Exh. 1, RFP at 1-2. The agency sought proposals for renovation and repair services for

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