Team Systems International

B-411139 May 22, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Team Systems International (TSI), of Ponte Vedra Beach, Florida, challenges the elimination of its proposal from the competitive range under request for proposals (RFP) W912DR-15-R-0011, issued by the Department of the Army, Corps of Engineers, for road paving and construction at Ft. Belvoir, Virginia. TSI argues that the agency's technical evaluation was unreasonable. We deny the protest. We deny the protest. View Decision Decision Matter of: Team Systems International File: B-411139 Date: May 22, 2015 Christopher P. Mott for the protester. Madeline Shay, Esq., Department of the Army, Corps of Engineers, for the agency. Lois Hanshaw, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the elimination of a protester’s proposal from the competitive range is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation and applicable procurement statutes and regulations. DECISION Team Systems International (TSI), of Ponte Vedra Beach, Florida, challenges the elimination of its proposal from the competitive range under request for proposals (RFP) W912DR-15-R-0011, issued by the Department of the Army, Corps of Engineers, for road paving and construction at Ft. Belvoir, Virginia. TSI argues that the agency’s technical evaluation was unreasonable.[1] We deny the protest. BACKGROUND The RFP, issued on December 23, 2014, was set aside for small businesses and conducted under Federal Acquisition Regulation (FAR) part 15 and part 36. RFP at 1, 6. The RFP contemplated the award of three fixed-price contract line item numbers (CLINs) for construction work at Fort Belvoir, such as repaving parking lots and roads, and one optional CLIN for testing, removal, and disposal of contaminated soil. Id. at 3. Award was to be made to the lowest-priced, technically-acceptable offeror, based on four evaluation factors: (1) past performance, (2) management approach, (3) technical approach, and (4) price. Id. at 6. The RFP advised that the non-price factors would be rated acceptable or unacceptable and that only offers rated acceptable under all non-price factors would be considered technically acceptable. Id. at 6, 11. The RFP also stated that the successful offer would be selected based on price, once a minimum level of technical capability was met, and that an offeror’s failure to provide all requested information might adversely affect the evaluation. Id. The RFP anticipated that an offeror could include two or more entities united in a “contractor team arrangement,” as defined in FAR subpart 9.6. Id. at 7. Under FAR § 9.601 “contractor team arrangement” means an arrangement in which--(1) two or more companies form a partnership or joint venture to act as a potential prime contractor; or (2) a potential prime contractor agrees with one or more other companies to have them act as its subcontractors under a specified government contract or acquisition program. Entities forming a contractor team arrangement could rely on the experience and performance history of any member of the team, but in order to do so, the offeror had to provide a teaming agreement that included, among other things, a description of the nature of each entity’s relationship (e.g., partnership, joint venture, or prime contractor/subcontractor).[2] Id. at 7-8. With respect to past performance, the RFP required an offeror to submit no more than five projects of relevant scope and complexity that had been completed within the 6 years prior to the date of the solicitation. Id. at 9. The RFP explained that an offeror’s team structure would determine the manner in which its past performance information would be evaluated. Id. at 8. For prime/subcontractor team arrangements, for which the prime contractor submitted the proposal, the RFP advised that the prime contractor would be considered the “primary offeror” and would be required to have completed at least fifty percent (50%) of the total number of projects submitted for past performance consideration.[3] Id. at 7-8. Under the technical approach factor, offerors were required to provide a pre-award project schedule to demonstrate a reasonable and realistic sequence of activities for the entire contract performance period, including, at a minimum, all mandatory tasks/critical activities and phasing. Id. at 11. The RFP required that performance be completed within 210 calendar days of the agency’s issuance of the notice to proceed. Id. at 1, 37. The RFP specifications stated that construction should occur between May 1, 2015 and August 31, 2015. RFP Specifications, section 01 14 00 ¶ 1.3.2. In response to the RFP, TSI timely submitted a proposal that included a teaming agreement.