Anders Construction, Inc.

B-414261 Apr 11, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Anders Construction, Inc., of Harvey, Louisiana, protests the award of a contract to Specialty Diving of Louisiana, Inc., of Loranger, Louisiana, under request for proposals (RFP) No. W912P8-16-R-0005, issued by the Department of the Army, Corps of Engineers, for professional diving services. Anders alleges that the agency improperly evaluated its proposal as technically unacceptable. 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:  Anders Construction, Inc. File:  B-414261 Date:  April 11, 2017 Sean T. McLaughlin, Esq., Kean Miller LLP, for the protester. Thomas J. Warren, Esq., Capt. Zachary Jacobson, and David R. Dyer, Esq., Department of the Army, Corps of Engineers, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where solicitation required proposals to include resumes with a complete listing of training and experience, and documentation proving that divers had completed a minimum of four dives, with at least one dive occurring in the most recent nine months, the agency reasonably evaluated protester’s proposal as technically unacceptable where it did not meet either requirement. DECISION Anders Construction, Inc., of Harvey, Louisiana, protests the award of a contract to Specialty Diving of Louisiana, Inc., of Loranger, Louisiana, under request for proposals (RFP) No. W912P8-16-R-0005, issued by the Department of the Army, Corps of Engineers, for professional diving services.  Anders alleges that the agency improperly evaluated its proposal as technically unacceptable. We deny the protest. BACKGROUND The RFP, issued on July 22, 2016, as a small business set-aside, contemplated the award of a fixed-price indefinite-delivery/indefinite-quantity contract for professional diving services to be performed over a 1-year period and four 1-year option periods, with a ceiling value of $2 million.  Contracting Officer’s Statement at 1.Specific services contemplated included the investigation, surveying, and removal of designated obstructions and sunken vessels.  RFP Performance Work Statement (PWS) ¶ 1.  The services will be performed in support of navigation, flood control, environmental projects, and other missions.  Id.  Award was to be made on a lowest-priced, technically acceptable basis considering three evaluation factors:  past performance, technical evaluation, and price.  RFP §§ M.1.B., M.2.  The technical evaluation factor consisted of two subfactors, personnel qualifications and experience, and management plan.  RFP § M.2.  Only the personnel qualifications and experience subfactor is at issue here.  Proposals were to be evaluated pass or fail under the technical evaluation factor.  RFP § M.3.B.  Under the personnel qualifications and experience subfactor, offerors were advised that the personnel qualifications and experience of proposed individuals would be evaluated to ensure the minimum requirements were met; the section also referred offerors to the PWS and Section L of the RFP.  RFP § M.3.B.1.  Both the PWS and Section L required that each diver, stand-by diver, and dive supervisor possess at least one year of commercial diving experience in the applicable position.  RFP PWS ¶ 9.b, § L.B.1.  Further, to earn a pass rating, the solicitation required that “[r]ésumés shall be submitted” for each employee, and résumés “shall include a complete listing of employees’ training and experience.”  RFP § L.B.1.  The RFP also required offerors to submit proof of certification, such as a dive diploma or Association of Diving Contractors International (ADCI) membership card, for those employees working as part of a dive team.  RFP PWS ¶ 9.b, § L.B.1.  In addition, the RFP required offerors to demonstrate ability to field two six-man dive teams on any given day.  RFP § L.B.1.  A six-man dive team consists of one dive supervisor, two divers, one stand-by diver, and two dive tenders.  RFP PWS ¶ 10.c.  Offerors were required to submit documentation proving that divers had completed a minimum of four dives, with at least one dive occurring within the most recent nine months.RFP PWS ¶ 9.b, § L.B.1.  The agency received proposals from three offerors by the August 24 closing date, including Anders and the awardee.  Agency Report (AR), Tab 10, Source Selection Evaluation Board Report at 1.The agency rated Anders’ proposal as a fail under the personnel qualifications and experience subfactor and therefore technically unacceptable.  Id.