Dellew Corporation

B-410251 Nov 21, 2014 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Goldbelt Falcon, LLC, of Chesapeake, Virginia, protests the elimination of its proposal from competition under request for proposals (RFP) W52P1J-14-R-0018, issued by the Department of the Army, Army Materiel Command, for logistical support services. Goldbelt challenges the Army's compliance review and the resulting decision to exclude Goldbelt's proposal from the competition. We deny the protest. 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: Goldbelt Falcon, LLC File: B-410251 Date: November 21, 2014 Robert E. Korroch, Esq., and William A. Wozniak, Esq., Williams Mullen, for the protester. Wade L. Brown, Esq., and Erica A. Harder Smith, Esq., Department of the Army, for the agency. K. Nicole Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that agency improperly rejected the protester’s proposal as unacceptable based on an initial compliance review is denied where the agency reasonably found that the protester failed to propose the minimum number of labor hours required by the solicitation. DECISION Goldbelt Falcon, LLC, of Chesapeake, Virginia, protests the elimination of its proposal from competition under request for proposals (RFP) W52P1J‑14‑R‑0018, issued by the Department of the Army, Army Materiel Command, for logistical support services. Goldbelt challenges the Army’s compliance review and the resulting decision to exclude Goldbelt’s proposal from the competition. We deny the protest. BACKGROUND The Army currently procures certain requirements for logistics services through the Enhanced Army Global Logistics Enterprise (EAGLE) Program. Agency Report (AR) at 1. Under this program, the Army procures material maintenance services, retail/wholesale supply services, and transportation support services by entering into basic ordering agreements (BOAs) with contractors. Id. The Army issued the RFP, set aside for small business holders of the BOA, on May 6, 2014. The RFP sought to procure logistics support services at Fort Lee, VA and Joint Base Langley‑Eustis/Joint Expeditionary Base Little Creek-Fort Story, VA (Langley-Eustis), including maintenance, transportation, and supply support. RFP at 2. The solicitation contemplated the issuance of a cost-plus-fixed-fee/fixed-price task order with a 12‑month base period and four 1-year options. Id. The RFP established a best value source selection process, considering technical, past performance and price. RFP § M.4.1.[1] As an initial step in the evaluation process, the RFP provided for a compliance review of each proposal. In this regard, section M.3 of the RFP indicated as follows: The Government will compare the Offeror’s proposal to Section L in order to perform a compliance review. Any Offeror’s proposal determined non-compliant per the terms noted in Section L or determined non-compliant [with] paragraphs a. through c. below will not be evaluated and will not be further considered for award.[2] RFP § M.3. This section further emphasized that “[o]nly Offerors whose proposals are determined to be compliant will move to Step 1 of the evaluation process.”[3] RFP § M.3(d). Section L provided general instructions for preparing a proposal and contained similar language advising firms that “[f]ailure to provide proposals in compliance with the instructions specified in this RFP shall render the Offeror’s proposal non-compliant” and that such proposals would not be further evaluated for an award. RFP § L.2.1. With regard to the compliance review, the RFP required firms to complete attachment number 0002, Staffing/Labor Mix, and to classify proposed employees in one of two labor categories, functional labor category (FLC) 1 or FLC2. The RFP defined the FLC1 category as encompassing contract or task order employees who will directly accomplish the tasks/functions of the workload provided, e.g., a mechanic in support of the maintenance effort. RFP § L.5.2.1.1(c)(5)(ii). The FLC2 category included contract or task order employees who are required for completion of the RFP requirements, but who do not directly perform the tasks/functions of the workload, e.g., a project manager or administrative assistant. RFP § L.5.2.1.1(c) (5)(iii). As a related matter, the RFP included Exhibit AB, which set forth qualification requirements for certain key positions, to include various supervisor positions. AR, Tab 4z, Exhibit AB.