RQ Construction, LLC
Case: B-413258
Agency: Department of Defense : Department of the Navy : Naval Facilities Engineering Command
Protester: RQ Construction, LLC
Date: 2016-09-07
Denied
B-413258
Sep 07, 2016
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Highlights
RQ Construction, LLC, of Carlsbad, California, protests the award of a contract to Straub Construction, Inc., of Fallbrook, California, under request for proposals (RFP) No. N62473-16-R-4602, issued by the Department of the Navy, Naval Facilities Engineering Command, for modernization and construction of an addition to an existing hangar for the F-35C Fleet Replacement Squadron at the Naval Air Station Lemoore in Kings County, California. The protester contends that the agency improperly evaluated its proposal as unacceptable under the experience factor.
We deny the protest.
We deny the protest.
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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: RQ Construction, LLC
File: B-413258
Date: September 7, 2016
David S. Demian, Esq., and Christopher R. Sillari, Esq., Finch, Thornton & Baird, LLP, for the protester.
Richard J. Pinto, Esq., Robert J. Marks, APC, for Straub Construction, Inc., the intervenor.
Deana Jaeger, Esq., and Paul Clay, Esq., Department of the Navy, for the agency.
Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that the agency unreasonably found proposal unacceptable under the experience factor is denied where the agency reasonably concluded the protester did not satisfy the minimum requirements to demonstrate relevant experience under the terms of the solicitation.
DECISION
RQ Construction, LLC, of Carlsbad, California, protests the award of a contract to Straub Construction, Inc., of Fallbrook, California, under request for proposals (RFP) No. N62473-16-R-4602, issued by the Department of the Navy, Naval Facilities Engineering Command, for modernization and construction of an addition to an existing hangar for the F-35C Fleet Replacement Squadron at the Naval Air Station Lemoore in Kings County, California. The protester contends that the agency improperly evaluated its proposal as unacceptable under the experience factor.
We deny the protest.
BACKGROUND
The solicitation, issued on January 31, 2016, provided for award to the lowest-priced, technically acceptable offer. RFP at 10. The RFP further provided that, to be considered for award, an offeror’s proposal was required to be rated acceptable under each of the following three factors: experience, safety, and past performance. Id. at 11. A rating of unacceptable under any of these factors would result in an overall rating of unacceptable. Id.
As relevant here, the RFP required offerors to identify their experience using a Construction Experience Project Data Sheet (project data sheet) and to provide a minimum of three and a maximum of five relevant construction projects demonstrating experience as a prime contractor on projects similar in size, scope, and complexity to the requirement. RFP at 12; see also RFP, Exhibit A. As initially issued, the RFP defined relevant projects “as [n]ew construction/renovation of aircraft maintenance hangars, airport buildings…, and high bay industrial type facilities with a construction cost of $25,000,000 or greater.” Id. at 13. Projects were required to be 100 percent complete no more than five years before issuance of the RFP. Id. Among other things, block 3 of the project data sheet required offerors to provide the following:
Award Amount: $
Final Price: $
This is the: ▯ total project ▯ subcontract price
RFP, Exh.
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