Leon D. DeMatteis Construction Corporation, B-276877, July

B-276877 Jul 30, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest that technical qualifications criteria in solicitation for construction of a new federal courthouse are unduly restrictive of competition is denied where the record shows that the criteria are reasonably related to the agency's need to ensure that the contractor will have sufficient experience in all aspects of the type of complex construction that will be necessary for the project. Do not show that the criteria are unreasonably restrictive. DeMatteis argues that the solicitation's technical qualifications criteria are unduly restrictive of competition. Will consist of an 18-story building housing the new courthouse proper as well as a 6-story structure connecting the new courthouse to the existing courthouse on the same site. View Decision Matter of: Leon D. DeMatteis Construction Corporation File: B-276877 Date: July 30, 1997 Protest that technical qualifications criteria in solicitation for construction of a new federal courthouse are unduly restrictive of competition is denied where the record shows that the criteria are reasonably related to the agency's need to ensure that the contractor will have sufficient experience in all aspects of the type of complex construction that will be necessary for the project; protester's arguments focusing on the individual elements of this experience, but ignoring the value of the totality of this experience, do not show that the criteria are unreasonably restrictive. Attorneys DECISION Leon D. DeMatteis Construction Corporation protests the terms of request for proposals (RFP) No. GS-02P-97-DTC-0010(N), issued by the General Services Administration (GSA) for construction of Phase II of a new federal courthouse in Brooklyn, New York. DeMatteis argues that the solicitation's technical qualifications criteria are unduly restrictive of competition. We deny the protest. The new courthouse, one of the largest in the country, will consist of an 18-story building housing the new courthouse proper as well as a 6-story structure connecting the new courthouse to the existing courthouse on the same site. The connecting structure will contain the main building entrance and an interior atrium, enabling the two buildings to function as one complex. [1] The new courthouse will be approximately 742,734 gross square feet in size and its estimated construction cost is between $165 and $180 million. The new courthouse will house 15 District and 10 Magistrate courtrooms, a jury assembly area, judges' chambers, office space for court and court- related agencies, a grille/cafe, a U.S. Court of Appeals library, and a secure prisoner circulation/ detention system. The interiors of the courtrooms and judges' chambers will contain extensive architectural paneling and millwork, and the public spaces will contain a variety of finishes, including marble wall panels, travertine tile, and terrazzo flooring. The building's mechanical systems will include a central chilled water refrigeration and boiler plant system containing central air handling units for floors 4-17 and local floor air handling units for the lower floors; a variable air volume distribution system with hot water reheat coils; three dual-fueled boilers and three direct-fired dual-fueled absorption chillers; a direct digital control building automation system; cast iron plumbing; a copper domestic water system; fuel oil and natural gas distribution systems; a fully-sprinkled fire protection system; electric service from new utility network vaults to four 460-volt service switch gear with ground fault protection; two diesel-driven 1,000-kilowatt paralleled emergency generators; and extensive conduit and electrical power to support a security system. Work under this contract will include site work, demolition, excavation, reinforced concrete foundations and structure, fireproof steel frame structure, metal decking, concrete floors, a curved entry structure clad in coated aluminum curtain wall, coated aluminum and glass curtain wall and limestone building facade, roofing, sealant and flashing, skylights, interior architectural woodwork and finishes, doors, frames and hardware, stairs, interior partitions, signage and graphics, elevators, mechanical, electrical, plumbing and fire suppression systems. Related work will include site improvements, landscaping, distinctive pavement, and asphalt paving for roadways. The solicitation was issued on April 4, 1997, as step one of a two-step procurement. Under the first step, at issue here, offerors must submit technical proposals to be evaluated under two technical qualifications criteria--project experience and past performance, and qualifications of key personnel. Proposals that fail to satisfy the minimum requirements of either criterion will be automatically eliminated from further consideration.