Fire Risk Management, Inc.

B-411552 Aug 20, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Fire Risk Management, Inc. (FRM), of Bath, Maine, protests the Department of Veterans Affairs' (VA) failure to set aside for service-disabled veteran-owned small business (SDVOSB) concerns request for proposals (RFP) No. VA-260-15-R-0295, for fire protection and life safety architect/engineer (A/E) services. The protester asserts that VA's decision not to set aside the acquisition for SDVOSBs was based on unreasonable market research. We sustain the protest. We sustain the protest. View Decision Decision Matter of:      Fire Risk Management, Inc. File:                B-411552 Date:              August 20, 2015 W. Mark Cummings, for the protester. David G. Fagan, Esq., Department of Veterans Affairs, for the agency. Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where the agency’s determination that there was not a reasonable expectation of receiving offers from two or more service-disabled veteran-owned small business (SDVOSB) concerns was not supported by the record. DECISION Fire Risk Management, Inc. (FRM), of Bath, Maine, protests the Department of Veterans Affairs’ (VA) failure to set aside for service-disabled veteran-owned small business (SDVOSB) concerns request for proposals (RFP) No. VA-260-15-R-0295, for fire protection and life safety architect/engineer (A/E) services.  The protester asserts that VA’s decision not to set aside the acquisition for SDVOSBs was based on unreasonable market research.  We sustain the protest. BACKGROUND The RFP, issued on April 27, 2015, as a small business set-aside, requests proposals to provide fire and life safety A/E services for Veterans Integrated Service Network (VISN) 20 region medical centers located in Washington, Oregon, Idaho, and Alaska.   Agency Report (AR) Tab 2.  The solicitation’s statement of work (SOW) describes the required A/E services as: Design Services which includes Studies, Schematics/Design Development, Contract Drawings, Specifications, Cost Estimates, and/or Construction Period Services, Drawing Review Services, Code Compliance Reviews, and Joint Commission Statement of Conditions Support.  SOW at 1.  According to the SOW: These services are intended for project design for projects that are primarily fire and/or life safety in nature, fire and life safety plan code review, review of existing facilities for fire and life safety code compliance, and Joint Commission Statement of Conditions support. Services are to be provided by a professional fire protection engineer with a degree from an accredited university in fire protection. Id.  The solicitation designated North American Industry Classification System (NAICS) code 541330, for engineering services, for this requirement.  RFP at 2.[1] The procurement is being conducted using Brooks Act procedures in Federal Acquisition Regulation (FAR) Part 36, Construction and Architect-Engineer Contracts.  Under the Brooks Act, contractors are selected for A/E work on the basis of demonstrated technical competence and qualifications.  The procedures do not include price competition; rather, the agency must select the most highly qualified firm and negotiate a contract with that firm at a fair and reasonable level of compensation.  Risk Analysis and Mitigation Partners, B-409687, B-409687.2, July 15, 2014, 2014 CPD ¶ 214 at 2.  The RFP provides for selection based on the following evaluation criteria:  (1) professional qualifications; (2) specialized experience and technical competence; (3) capacity to accomplish the work in the required time; (4) past performance; (5) location in the general geographical area of the project and knowledge of the locality; (6) acceptability, including design credentials; (7) reputation and standing of the firm; (8) record of significant claims against the firm; and (9) personnel.  RFP at 3-4. Prior to posting the RFP, the VA contract specialist conducted market research to determine the availability of contractors that could satisfy the agency’s requirements.  AR at 1-2.  The contract specialist advises that he searched the Small Business Administration (SBA) Dynamic Small Business Search website database and the VA Vendor Information Pages website database using NAICS Code 541330 (engineering services), and the keyword “fire” to limit the search to the engineering services firms likely to be qualified to furnish fire protection A&E services.  AR, Tab 1, Contract Specialist Statement, May 28, 2015, at 1. The contract specialist’s search of the SBA database identified two SDVOSB/ Veteran Owned Small Business (VOSB) concerns registered under NAICS code 541330, with the keyword “fire” in the firm description, in Washington, Oregon, and Idaho, but neither of those firms was an A/E firm.  AR, Tab 1, Contract Specialist Statement, May 28, 2015, ...