Basile Bauman Prost Cole & Associates, Inc.

B-408260 Jul 25, 2013 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Emax Financial & Real Estate Advisory Services, LLC, of New York, New York, protests the terms of request for proposals (RFP) No. N62470-13-R-6001 issued by the Department of the Navy, Naval Facilities Engineering Command, for professional services to support the Navy's Public Private Venture (PPV) Program. Emax contends that the solicitation improperly restricts competition, and should not have been set aside for small business concerns. 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 redacted version has been approved for public release. Decision Matter of: Emax Financial & Real Estate Advisory Services, LLC File: B-408260 Date: July 25, 2013 Jonathan D. Shaffer, Esq., John S. Pachter, Esq., Stephen D. Knight, Esq., and Mary Pat Buckenmeyer, Esq., Smith Pachter McWhorter PLC, for the protester. Sean A. McBride, Esq., Department of the Navy, for the agency. Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that solicitation’s evaluation factors and relative weights are unduly restrictive of competition is denied, where the record supports the agency’s position that its evaluation factors are reasonably necessary to meet the agency’s needs. 2. Small business concern’s challenge to the agency’s determination to set the procurement aside for small businesses is denied, where the agency’s decision was reasonably based on responses to a sources sought notice. DECISION Emax Financial & Real Estate Advisory Services, LLC, of New York, New York, protests the terms of request for proposals (RFP) No. N62470-13-R-6001 issued by the Department of the Navy, Naval Facilities Engineering Command, for professional services to support the Navy’s Public Private Venture (PPV) Program. Emax contends that the solicitation improperly restricts competition, and should not have been set aside for small business concerns. We deny the protest. BACKGROUND In 1996, Congress enacted legislation authorizing the Military Housing Privatization Initiative (MHPI), with the goal of improving Department of Defense (DOD) military family housing by using an approach considered to be more economical and quicker than the traditional military construction processes. This initiative allows private sector financing, ownership, and operation and maintenance of military housing. National Defense Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106 § 2801 et seq., 110 Stat. 186 et seq., codified at 10 U.S.C. §§ 2871-85 (2006), as amended. The PPV program is the Navy’s housing program under this initiative. Before issuing the RFP, the Navy posted a sources sought notice on the Federal Business Opportunities (FedBizOpps) web site to determine whether the solicitation should be set aside for small business concerns. Agency Report (AR), Tab 2, Sources Sought Notice, Jan. 9, 2013. The notice described the services the Navy would procure, such as project development and execution, portfolio management advice and support consistent with the Navy’s privatization approach, and business, economic, and financial analysis concerning energy projects. The notice invited small business concerns to submit statements of capabilities that described in detail the firm’s capability of providing contractor support services to the program. Id. The Navy received capability statements from seven small businesses, including Emax. The Navy determined that two small businesses, Emax and Basile Baumann Prost Cole (the incumbent), were clearly capable of performing the work, while two other small businesses were likely to be capable of performing the work. See AR, Tab 15, 1st Review of Capability Statements; Tab 16, 2nd Review of Capability Statements. The RFP, which was issued as a combined synopsis/solicitation for commercial items under Federal Acquisition Regulation (FAR) Part 12, was set aside for small business concerns. The solicitation provides for the award of an indefinite-delivery/indefinite-quantity contract for professional services to support the Navy’s PPV program for a base year and two option years. These services include general program development and implementation support, concept and feasibility assessments, negotiations with third parties, and portfolio and asset management. RFP, Performance Work Statement (PWS), § C.3 Privatization Support Scope and Objectives. The RFP states that the agency’s selection decision will be based on a tradeoff between price, past performance, and the following technical evaluation factors: corporate experience, understanding of the Navy’s MHPI program, and key personnel qualifications.