Brown & Root, Inc. and Perini Corp., a joint venture

Brown & Root, Inc. and Perini Corp., a joint venture BNUMBER: B-270505.2; B-270505.3 DATE: September 12, 1996 TITLE: Brown & Root, Inc. and Perini Corp., a joint venture ********************************************************************** DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of:Brown & Root, Inc. and Perini Corp., a joint venture File: B-270505.2; B-270505.3 Date:September 12, 1996 Rand L. Allen, Esq., Paul F. Khoury, Esq., Christopher R. Yukins, Esq., and Phillip H. Harrington, Esq., Wiley, Rein & Fielding, for the protester. Kathleen C. Little, Esq., David R. Johnson, Esq., Robert J. Rothwell, Esq., McDermott, Will & Emery, for H.B. Zachry Company, The Parsons Corporation, and Sundt Corp., a joint venture, the intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where agency brought principal concerns about the protester's proposal to the attention of the protester and since various other weaknesses, both individually and in toto, did not prevent the protester from having a reasonable chance for award, the agency's failure to point out those other weaknesses did not deprive the protester of meaningful discussions; agency was not required to hold discussions regarding every weakness identified in the protester's proposal. 2. Where a solicitation lists evaluation factors and subfactors in descending order of importance, each factor listed and each subfactor within each factor is of decreasing weight; such an evaluation scheme does not indicate that the subfactors of lower-weighted factors are necessarily of less individual weight than subfactors of higher-weighted factors. 3. Agency scoring and weighting method used to evaluate and rank offers was consistent with the evaluation scheme stated in the solicitation and did not produce an irrational award selection result. 4. Protester was not prejudiced by the agency's alleged waiver of a requirement that potential offerors have certain security clearances by an established date where the record does not evidence that had the protester been aware of the allegedly relaxed requirement, it would have submitted a different proposal that would have had a reasonable possibility of award. DECISION Brown & Root, Inc. and Perini Corporation, a joint venture, protest the award of a contract to H.B. Zachry Company, The Parsons Corporation, and Sundt Corp., a joint venture (ZPS), under request for proposals (RFP) No. MEBCO-95-R-0300, issued by the Department of State to construct secure chancery facilities for the United States Embassy in Moscow, Russia. Brown/Perini argues that the agency failed to conduct meaningful discussions, did not follow the evaluation criteria set forth in the solicitation in evaluating proposals and selecting ZPS' higher-priced proposal, and waived the requirement that all joint venture partners possess a top secret facility clearance by a certain date. We deny the protest. Construction began on a new embassy compound in Moscow in 1979. The compound encompasses eight buildings on a 10-acre site. Construction has been completed on seven of the buildings, and these buildings are currently occupied. The subject of this procurement, the New Office Building (NOB), is partially complete and, as presently constructed, is eight stories tall with a penthouse. Construction of the NOB was halted in 1985 when it was discovered that clandestine listening devices had been installed in the NOB's framework. Under the circumstances, the agency determined that security for the design and reconstruction of the NOB is critical.[1] The work required under the RFP includes the completion of design/construction documentation for the NOB; the complete demolition of a nearby building and demolition of the NOB from the eighth floor to the sixth floor; the construction of a steel frame structure on top of the NOB's sixth floor slab through a tenth floor and penthouse; the completion of the NOB below the sixth floor; and the revision and upgrading of the building core to include, among other things, new heating, ventilation and air conditioning (HVAC), plumbing, and electrical systems.