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B-423091,B-423091.2 Jan 21, 2025 1 (2025-01-21)

handle is hein.gao/gaorly0001 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:   BBGSRO   Construction S.R.L.

File:     B-423091; B-423091.2

Date:     January 21,   2025

Lawrence  J. Sklute, Esq., Sklute & Associates, for the protester.
William F. Savarino, Esq., Rhina M. Cardenal, Esq., and John O'Brien, Esq., Cordatis
LLP, for JV SKE Italy 2012, the intervenor.
Regina Schowalter, Esq., Department of the Army, for the agency.
Kasia Dourney, Esq., Michelle E. Litteken, Esq., and Alexander 0. Levine, Esq., Office
of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Supplemental  protest allegations based on information derived from an improperly
redacted document  included in the agency report are dismissed for abuse of process,
where the protester failed to alert the agency or our Office to the issue, and instead
electronically manipulated protected material for the purpose of obtaining access to
information the agency intended to redact.

2. Protest challenging agency's failure to provide protester equal time for submitting a
revised proposal is dismissed where the protester failed to timely raise this protest
ground.

3. Protest challenging agency's evaluation of protester's non-price proposal is denied,
where the agency's evaluation was reasonable and consistent with the terms of the
solicitation.
DECISION

BBGSRO Construction   S.R.L., of Bucharest, Romania, protests the award of a contract
to JV SKE Italy 2012, of Vincenza, Italy, under request for proposals (RFP) No.
W912GB-23-R-0033,   issued by the Department of the Army, U.S. Army Corps of
Engineers, Europe District, for the design and construction of the explosive and
ammunition  loading and unloading apron at the military's Mihail Kogalniceanu (MK)
main camp  air base in Romania. The protester challenges the agency's evaluation of
the technical approach, management approach, and past performance proposals

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