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Case: B-424314.2 Agency: Date: 2026-06-18 Denied
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B-424314.2 Jun 18, 2026 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights GSINA-Pacific JV II, LLC (GSI), a small business located in Flemington, New Jersey, protests the evaluation and exclusion of its proposal from the competition under request for proposals (RFP) No. W9128F26RA024, issued by the Department of the Army, Army Corps of Engineers (Corps), to acquire design-build and design-bid-build construction services. GSI alleges that the agency's evaluation of its phase one proposal was arbitrary, unsupported, and disparate in multiple areas. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This public version has been approved for public release. Decision Matter of: GSINA-Pacific JV II, LLC File: B-424314.2 Date: June 18, 2026 Kate H. Kennedy, Esq., Jonathan A. DeMella, Esq., and Matthew Gurr, Esq., Davis Wright Tremaine LLP, for the protester. Matthew R. Keiser, Esq., and Stacy K. Birkel, Esq., Department of the Army, for the agency. Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's evaluation of proposals under the past performance and management/technical approach evaluation factors is denied where the record shows that the agency's evaluation was reasonable and consistent with the terms of the solicitation. 2. Protest that agency unreasonably and disparately evaluated proposals is denied where the record shows the agency evaluated proposals in accordance with the terms of the solicitation and did not engage in disparate treatment. DECISION GSINA-Pacific JV II, LLC (GSI), a small business located in Flemington, New Jersey, protests the evaluation and exclusion of its proposal from the competition under request for proposals (RFP) No. W9128F26RA024, issued by the Department of the Army, Army Corps of Engineers (Corps), to acquire design-build and design-bid-build construction services. GSI alleges that the agency's evaluation of its phase one proposal was arbitrary, unsupported, and disparate in multiple areas. We deny the protest. BACKGROUND On October 17, 2025, the Corps issued the RFP as a small business set aside for the award of up to six indefinite-delivery indefinite-quantity (IDIQ) multiple award task order contracts (MATOC) for a 7-year ordering period. Contracting Officer Statement (COS) at 1. Task orders would be solicited and competed among the IDIQ contract holders, with the total value up to $699 million for the entire pool of contracts. Agency Report (AR), Exh. 8, RFP amend. 3, section 00 21 00 at 2.[1] The scope of construction services includes support of the military petroleum oil and lubricants (POL) facility requirements and mission of the Department of Defense fuels infrastructure within the continental United States, Alaska, Hawaii, and outlying areas. COS at 1; AR, Exh. 8, RFP amend. 3, section 00 21 00 at 2. The scope of work includes but is not limited to replacement of aging fuel infrastructure and/or components, repair of storage tanks and containment areas, POL system upgrades and maintenance, facility demolition, construction of fuels support facilities, regulatory compliance, and design to support the construction work projects for the primary customer, Defense Logistics Agency. COS at 1. The RFP further stated that the selected MATOC contractors will be required to perform various design and construction services described in RFP section 01 11 00 Table 1 as specialized work requirements. These specialized work requirements are as follows: 1. Construction, maintenance, repair and demolition of POL facilities and infrastructure, to include design. Facilities and infrastructure include, but are not limited to, facilities in direct support of the fuel receipt, pipeline, storage, transfer, containment, laboratory testing, POL operations, quality control, equipment, and dispensing systems. 2. Tank rehabilitation. Work consists of construction, repairing, replacing, and upgrading coatings, worn components, corrosion, and deficiency to the tank systems necessary to make the tank fully functional for support of mission requirements. Components typically include valves, pumps, piping, controls, dikes/berms, structural components (shell/tank bottom), life safety, and fire safety systems. 3. Tank cleaning prior to inspection and upgrades. Work includes cleaning to remove residual fuel products, water/sludge removal, and preparation of tank for inspection. 4. Repairs and Emergency Inspections Only. This includes POL facility inspections to determine condition. The inspection report documents current conditions and requirements for servicing, repairs, and upgrades. AR, Exh. 10, RFP section 01 11 00, Specialized Work Requirements at 2. The RFP established a two-phase competition.

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