DZSP 21, LLC
Case: B-410486.4
Agency: Department of Defense : Department of the Navy : Naval Facilities Engineering Command
Protester: DZSP 21, LLC
Date: 2018-01-10
Denied
B-410486.4
Jul 22, 2015
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Highlights
DZSP 21 LLC, of Hagatna, Guam, requests reconsideration of our January 2, 2015, decision sustaining the protest of Fluor Federal Solutions, LLC, of Greenville, South Carolina, regarding the award of a contact to DZSP under request for proposals (RFP) No. N62742-13-R-1150, issued by the Department of the Navy for base operations support services for the Joint Region Marianas on the island of Guam. DZSP argues that our decision was wrong as a matter of law and fact.
We deny the request.
We deny the request.
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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: DZSP 21 LLC--Reconsideration
File: B-410486.4
Date: July 22, 2015
Alan A. Pemberton, Esq., Robert Nichols, Esq., Nooree Lee, Esq., Stephanie Barclay, Esq., Jeffrey Bozman, Esq., and Anuj Vohra, Esq., Covington & Burling, LLP, for the protester.
William A. Roberts III, Esq., Paul F. Khoury, Esq., Richard B. O’Keeffe, Jr., Esq., Samantha S. Lee, Esq., and George E. Petel, Esq., Wiley Rein LLP, for Fluor Federal Solutions, LLC, an intervenor.
James J. Schubert, Esq., Department of the Navy, for the agency.
Louis A. Chiarella, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Request for reconsideration of prior decision is denied where the protester does not show that the prior decision contains errors of fact or law that warrant reversal or modification of the decision.
DECISION
DZSP 21 LLC, of Hagatna, Guam, requests reconsideration of our January 2, 2015, decision sustaining the protest of Fluor Federal Solutions, LLC, of Greenville, South Carolina, regarding the award of a contact to DZSP under request for proposals (RFP) No. N62742-13-R-1150, issued by the Department of the Navy for base operations support services for the Joint Region Marianas on the island of Guam.[1] DZSP argues that our decision was wrong as a matter of law and fact.
We deny the request.
BACKGROUND
The RFP contemplated the award of a cost reimbursement-type contract for a 12-month base period with four 1-year options and an additional three 1-year award options. RFP at BATES 0005-11.[2] In general terms the contractor was required to perform a variety of facility operations and maintenance services in accordance with the solicitation’s performance work statement, which was organized by task area or “annex” (e.g., facility management, port operations).[3] RFP at BATES 0014. The RFP established that contract award would be made on a best-value basis, based on six evaluation factors: past performance; occupational safety; staffing and resources; technical approach; small business utilization; and cost. Id. at BATES 0098-108. The RFP also stated that past performance was approximately equal in importance to the other four non-cost evaluation factors combined, and that all five non-cost factors, when combined, were approximately equal in importance to cost. Id. at BATES 0098.
Eight offerors, including DZSP and Flour, submitted proposals by the closing date. A Navy technical evaluation team (TET) evaluated offerors’ non-cost proposals using various adjectival rating schemes that were set forth in the solicitation: outstanding, good, acceptable, marginal, or unacceptable; and with regard to past performance, substantial confidence, satisfactory confidence, limited confidence, no confidence, or unknown confidence. Id. at BATES 0108. The solicitation also established that offerors’ cost proposals were not to be rated, but evaluated for completeness, reasonableness, and realism. Id. at BATES 0098-99.
The Navy’s initial evaluation of the DZSP and Fluor proposals was as follows:
DZSP
Fluor
Past Performance
Substantial Confidence
Substantial Confidence
Occupational Safety
Outstanding
Outstanding
Staffing and Resources
Unacceptable
Unacceptable
Technical Approach
Acceptable
Outstanding
Small Business Utilization
Outstanding
Good
Proposed Cost
$499,421,018
$546,518,893
Evaluated Cost
$555,823,000
$617,439,000
AR, Tab 7, Source Selection Advisory Council Report, Feb.
Full decision text continues on ProtestIntel...