National O&M, Inc.

B-411745 Oct 08, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights National O&M, Inc., of Roanoke, Virginia, protests the award of a contract to Project Solutions, Inc. (PSI), of Rapid City, South Dakota, by the Department of the Air Force under request for proposals (RFP) No. FA4855-15-R-0002 for wastewater treatment plant services. National argues that the agency unreasonably found PSI's proposal to be technically acceptable. 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:  National O&M, Inc. File:  B-411745 Date:  October 8, 2015 Jennifer S. Zucker, Esq. and John R. Prairie, Esq., Wiley Rein LLP, for the protester. Christopher S. Cole, Esq., Department of the Air Force, for the agency. Robert T. Wu, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency improperly evaluated the awardee’s proposal as technically acceptable is denied where the record shows that the agency’s evaluation was reasonable and consistent with the solicitation’s terms. DECISION National O&M, Inc., of Roanoke, Virginia, protests the award of a contract to Project Solutions, Inc. (PSI), of Rapid City, South Dakota, by the Department of the Air Force under request for proposals (RFP) No. FA4855-15-R-0002 for wastewater treatment plant services.  National argues that the agency unreasonably found PSI’s proposal to be technically acceptable. We deny the protest. BACKGROUND The RFP, issued on April 22, 2015, sought proposals for operation, inspection, maintenance, and repair services at a wastewater treatment plant located on Cannon Air Force Base, New Mexico.  RFP at 3.  The RFP contemplated the award of a fixed-price contract for one nine-month base period and four 1-year options.  Id. at 3-7.  Proposals were to be evaluated on a lowest-priced, technically acceptable basis, considering price and technical capability.  Id. at 15.  Technical capability included two subfactors:  technical proficiency and mission essential contractor services plan.  Id. at 16.  Ratings of acceptable or unacceptable were to be assigned to each subfactor and to the technical capability factor.  A rating of acceptable was to indicate that the proposal clearly met the minimum requirements of the solicitation, whereas a rating of unacceptable was to indicate the proposal did not.  Id. at 17. Under the technical proficiency subfactor, the agency was to evaluate the following: This requirement is met when the offeror provides all required information showing technical proficiency/experience to operate and maintain an aeration activated sludge treatment plant working at a minimum 1.0 million gallons per day (MGD) design capability . . . and adheres to the instructions provided 52.212-1, Instructions to Offerors- Commercial Items (Addendum). Id. at 17. As relevant here, the instructions to offerors required offerors to submit at least one contract that showed performance as either the primary contractor or subcontractor responsible for contract performance and that the offeror operated or complied with  U.S. Environmental Protection Agency (EPA) rules and regulations.  Id. at 12. Five proposals were received by the agency, including those from National and PSI.  Agency Report (AR), exh. 13, Source Selection Decision Document (SSDD), at 1.  PSI submitted the lowest evaluated price of $2,030,139.72 and, in accordance with the terms of the RFP, was evaluated for technical acceptability under the non-price factor.[1]  Id. at 2-3.  The evaluators found PSI’s proposal to be technical acceptable under both technical capability subfactors and the factor overall, and the proposal was found to be the lowest-priced, technically acceptable offer.  Id.