Archimania

B-414653 Aug 03, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Archimania, a small business located in Memphis, Tennessee, protests the selection of Duvall Decker Architect, a small business located in Mound Bayou, Mississippi, for price negotiations in connection with solicitation No. GS-07-P-17-HH-C-0TBD, issued by the General Services Administration (GSA) for architect-engineer (A/E) services for the design of a new courthouse in Greenville, Mississippi. Archimania asserts that Duvall is not a small business, one of the evaluators had a personal conflict of interest, and the agency unreasonably evaluated its 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:  Archimania File:  B-414653 Date:  August 3, 2017 Richard W. Arnholt, Esq., Sylvia Yi, Esq., and Bryan R. King, Esq., Bass Berry & Sims, PLC, for the protester. Michelle M. Kretz, Esq., and Lee W. Crook, III, Esq., General Services Administration, for the agency. Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  GAO will not review a protester's challenge to another company's size status, or a decision by the Small Business Administration that a company is, or is not, a small business concern. 2.  Protest that evaluator has a personal conflict of interest which precluded an unbiased evaluation is denied where there is no evidence that evaluator had a financial, personal, or other relationship with the firm selected for negotiations. 3.  Protest that agency engaged in disparate evaluation is denied where record shows that the evaluation was consistent with the solicitation and the information provided in qualification statements.  DECISION Archimania, a small business located in Memphis, Tennessee, protests the selection of Duvall Decker Architect, a small business located in Mound Bayou, Mississippi, for price negotiations in connection with solicitation No. GS-07-P-17-HH-C-0TBD, issued by the General Services Administration (GSA) for architect-engineer (A/E) services for the design of a new courthouse in Greenville, Mississippi.  Archimania asserts that Duvall is not a small business, one of the evaluators had a personal conflict of interest, and the agency unreasonably evaluated its proposal. We deny the protest. BACKGROUND A/E procurements, such as the one at issue here, are conducted pursuant to special procedures established by the Brooks Act, 40 U.S.C. §§ 1101-1104, as implemented in Federal Acquisition Regulation (FAR) subpart 36.6.  Under the competitive procedures established by FAR subpart 36.6, the agency publishes a synopsis inviting capable firms to submit a Standard Form (SF) 330, "Architect-Engineer Qualifications" statement.  FAR § 36.603(b).  The evaluation is then conducted in two stages.  During stage 1, an A/E evaluation board reviews the qualifications statements and recommends at least three of the most highly qualified firms to proceed to stage 2.  Id. § 36.602-1.  During stage 2, the agency interviews the recommended firms which also submit additional information.  Id. §§ 36.602-2, 36.602-3.  Following the interviews and the evaluation of the additional information, the board prepares a selection report for the source selection authority (SSA) recommending, in order of preference, at least three firms considered to be the most highly qualified to perform the required services.  Id. § 36.602-3.  The SSA then makes a final selection of the most qualified firms, listing them in order of preference, and negotiations begin with the most preferred firm.