Tri-Technic, Inc.

B-412037 Dec 11, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Tri-Technic, Inc., of Sonora, California, protests its exclusion from the second phase of competition under request for proposals (RFP) No. N62473-14-R-0050, issued by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC), for multiple-award construction contracts for new construction, repair, and renovation of dry utilities construction projects. The protester challenges the agency's evaluation of Tri-Technic's proposal. 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:  Tri-Technic, Inc. File:  B-412037 Date:  December 11, 2015 Mark R. Thomas, Esq., and Angeline R. Burke, Esq., Reid Law PC, for the protester. Katie Slayton, Esq., Department of the Navy, for the agency. Gary R. Allen, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In procurement conducted under two-phase design-build selection procedures, protest of agency’s evaluation of a protester’s phase 1 proposal and its decision to exclude the protester from phase 2 is denied where the agency’s evaluation and determination as to which proposals were eligible for phase 2 were reasonable and in accordance with the solicitation’s evaluation criteria. DECISION Tri-Technic, Inc., of Sonora, California, protests its exclusion from the second phase of competition under request for proposals (RFP) No. N62473-14-R-0050, issued by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC), for multiple-award construction contracts for new construction, repair, and renovation of dry utilities construction projects. The protester challenges the agency’s evaluation of Tri-Technic’s proposal. We deny the protest. The RFP, issued as a competitive small business set-aside, provided for the award of up to three indefinite-delivery, indefinite-quantity (ID/IQ) contracts for new construction, repair, and renovation of dry utilities construction projects at various locations within NAVFAC’s southwestern U.S. area of responsibility, including, but not limited to, California, Arizona, Nevada, Utah, Colorado, and New Mexico.  RFP at 1.  Award of the task orders would be on a fixed-price basis.  The contract’s estimated maximum dollar value is $99 million; the task order range is $300,000 to $20 million.  Id. at 1, 3.  The RFP required offerors to demonstrate a minimum aggregate bonding capacity of $20 million, to allow for the management of multiple concurrent projects at the higher dollar magnitude within the task order range.  Id. at 1. Offerors were informed that award would be made on a best-value basis, using the two-phase design-build procedures of Federal Acquisition Regulation (FAR) subpart 36.3.  RFP at 7-8.  The RFP stated that the phase 1 evaluation would result in selecting a maximum of five of the most highly-qualified offerors, which would then be invited to submit phase 2 proposals.  Id. at 8.  The RFP advised that the agency intended to make award without discussions or any contact with offerors concerning proposals.  Id.  Further, the RFP cautioned offerors not to assume that they would be contacted or afforded any opportunity to qualify, discuss, or revise their proposals.  Id. For phase 1, offerors were informed that proposals would be evaluated for technical approach, experience, past performance, and safety.  RFP at 10-16.  Under the technical approach factor, the RFP stated that proposals would be rated either acceptable or unacceptable, and that a proposal rated as unacceptable would not advance to phase 2.  Id.