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B-420797.4,B-420797.5 Mar 21, 2023 1 (2023-03-21)

handle is hein.gao/gaooju0001 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: BC Site Services, LLC File: B-420797.4; B-420797.5 Date: March 21, 2023 Robert J. Symon, Esq., and Lisa A. Markman, Esq., Bradley Arant Boult Cummings LLP, for the protester. Clark Bartee, 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 1. Protest that the agency treated offerors unfairly in selecting which offerors were invited to participate in second phase of the competition is denied where the agency's treatment of offerors was reasonable and consistent with the solicitation. 2. Protest challenging the agency's exchanges with offerors is sustained where the record shows that the agency engaged in discussions, but the agency's discussions with the protester were not meaningful. DECISION BC Site Services, LLC (BCSS), a small disadvantaged business of Carrollton, Georgia, protests its exclusion from consideration for award under request for proposals (RFP) No. W912HY21 R0012, issued by the Department of the Army, Corps of Engineers (Corps) for horizontal construction in the Corps's Galveston District and Southwestern Division. The protester challenges the agency's failure to include BCSS as one of the most highly rated offerors invited to the second phase of the competition, as well as the agency's evaluation of its proposal and conduct of exchanges with offerors. We sustain the protest. BACKGROUND The Corps issued the RFP on an unrestricted basis, with a portion of the awards reserved for small businesses, on March 21, 2022, providing that offerors would be