2H&V Construction Services

B-411959 Nov 23, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 2H&V Construction Services (2H&V), of Bonifay, Florida, protests the award of a contract to Stone & Lime Imports, Inc. (Stone & Lime), of Brookfield, Massachusetts, by the Department of Interior, National Park Service (NPS) under request for proposals (RFP) No. P15PS00382, for the restoration of masonry bastions at Fort Jefferson, Dry Tortugas National Park, Florida. The protester challenges various aspects of the agency's evaluation of the proposals and the source selection decision. 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:  2H&V Construction Services File:  B-411959 Date:  November 23, 2015 Laurence J. Zielke, Esq., and Janice M. Theriot, Esq., Zielke Law Firm PLLC, for the protester. Thomas L. McGovern III, Esq., and Brendan M. Lill, Esq., Hogan Lovells US LLP, for Stone & Lime Imports, Inc., an intervenor. Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency. Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging an agency’s evaluation of technical proposals is denied where the record shows that the evaluation was reasonable and consistent with the solicitation. 2.  Protest challenging an agency’s best-value tradeoff determination because it did not include any consideration of the protester’s lower price is denied where the record demonstrates that the source selection authority reasonably selected a higher-priced proposal based on a comparative assessment of the proposals in accordance with the solicitation’s stated evaluation factors. DECISION 2H&V Construction Services (2H&V), of Bonifay, Florida, protests the award of a contract to Stone & Lime Imports, Inc. (Stone & Lime), of Brookfield, Massachusetts, by the Department of Interior, National Park Service (NPS) under request for proposals (RFP) No. P15PS00382, for the restoration of masonry bastions at Fort Jefferson, Dry Tortugas National Park, Florida.  The protester challenges various aspects of the agency’s evaluation of the proposals and the source selection decision. We deny the protest.  BACKGROUND This procurement is for the final construction phase to restore the masonry bastions at Fort Jefferson, Dry Tortugas National Park (Dry Tortugas), Florida.  Contracting Officer Statement of Facts (CO Statement) at 1.  Dry Tortugas is a small island off the coast of Key West, Florida and is accessible only by boat or seaplane.  RFP at 10.[1]  Fort Jefferson is listed on the National Register of Historic Places and managed as a cultural resource asset.  Id. The RFP, issued on June 1, 2015, was set aside for small businesses.  The RFP contemplated the award of a single fixed-price contract.  The base work under the contract is to be completed by June 1, 2016.  Id. at 7.  The solicitation included five options for additional work, which, if exercised, would extend the contract completion date to June 1, 2018.  Id. The solicitation provided that award would be made on a best-value basis considering the following evaluation factors:  technical, past performance and cost/price.  Id. at 116.  The solicitation provided weights for the technical factor’s subfactors that, combined, represented 90 percent of the non-price factors’ weight, and assigned a weight of 10 percent to the past performance factor.[2]  Id. at 115.  All non-price factors, when combined, would be equal to cost/price.  Id. at 116.  The solicitation stated that the source selection decision would be based on a comparative assessment of proposals against all source selection factors specified in the solicitation and that the government “may elect to accept other than the lowest priced proposal when the perceived benefits of a higher priced proposal merit the price differential.”  Id. at 132.  For the technical approach subfactor, the RFP required offerors to provide a narrative describing their approach to five enumerated aspects of the work, including the following three aspects: c.  The approach for preparation for disruption of work due to severe storms, hurricanes or other emergencies.  Include how the project site, work and equipment will be secured or protected, logistical planning for personnel and resumption of work once the event is over.  d.  The approach and method of demolition, salvaging of historic brick, rebuilding brick walls, and replacing historic iron components with nonferrous reproductions.  The process of removal and repair of scarp walls, embrasures, etc.