Environmental Chemical Corporation
Case: B-416166
Agency: Department of Defense : Department of the Army : Corps of Engineers
Protester: Environmental Chemical Corporation
Date: 2019-06-12
Denied
B-416166.3,B-416166.4,B-416166.6,B-416166.7
Jun 12, 2019
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Highlights
Environmental Chemical Corporation (ECC), a small business, of Burlingame, California, protests the award of six small business set-aside indefinite-delivery, indefinite-quantity (IDIQ) contracts to Bay West LLC, a small business, of St. Paul, Minnesota, Cape Environmental Management Inc., a small business, of Norcross, Georgia, EA Engineering, Science, and Technology, Inc., PBC, a small business, of Hunt Valley, Maryland, HydroGeoLogic, Inc. (HGL), a small business, of Reston, Virginia, KEMRON Environmental Services, Inc., a small business, of Atlanta, Georgia, and Seres-Arcadis SB JV, LLC, a small business, of Mount Pleasant, South Carolina, under request for proposals (RFP) No. W912DR-16-R-0004, issued by the Department of the Army, Corps of Engineers, for environmental remediation support services for customers of the Baltimore District of Environmental & Munitions Design Center. ECC challenges the agency's evaluation of its own proposal under the non-cost/price factors and all proposals under the cost/price factor, the source selection decision, and the scope of corrective action proposed in response to another offeror's 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 version has been approved for public release.
Decision
Matter of: Environmental Chemical Corporation
File: B-416166.3; B-416166.4; B-416166.6; B-416166.7
Date: June 12, 2019
Richard B. Oliver, Esq., J. Matthew Carter, Esq., Glenn Sweatt, Esq., and Dinesh C. Dharmadasa, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester.
Seamus Curley, Esq., and Chelsea Goulet, Esq., Stroock & Stroock & Lavan LLP, for EA Engineering, Science, and Technology, Inc., PBC; Jonathan D. Shaffer, Esq., Mary Pat Buckenmeyer, Esq., and Todd M. Garland, Esq., Smith Pachter McWhorter PLC, for HydroGeoLogic, Inc., the intervenors.
Maureen A. McAndrew, Esq., Tristan S. Brown, Esq., Mia J. Logan, Esq., and Martin Chu, Esq., Department of the Army, for the agency.
Evan D. Wesser, Esq., Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the agency’s technical and cost realism evaluations is denied where, notwithstanding whether the agency committed certain errors, the protester fails to demonstrate competitive prejudice because it does not demonstrate that, but for the alleged errors, it would have had a substantial possibility of receiving an award.
2. Protest challenging the reasonableness of the scope of the agency’s corrective action to be taken in response to another unsuccessful offeror’s protest is denied where the protester cannot establish that it will be competitively prejudiced by the reasonable, limited scope of discussions to be had with the other unsuccessful offeror.
DECISION
Environmental Chemical Corporation (ECC), a small business, of Burlingame, California, protests the award of six small business set-aside indefinite-delivery, indefinite-quantity (IDIQ) contracts to Bay West LLC, a small business, of St. Paul, Minnesota, Cape Environmental Management Inc., a small business, of Norcross, Georgia, EA Engineering, Science, and Technology, Inc., PBC, a small business, of Hunt Valley, Maryland, HydroGeoLogic, Inc. (HGL), a small business, of Reston, Virginia, KEMRON Environmental Services, Inc., a small business, of Atlanta, Georgia, and Seres-Arcadis SB JV, LLC, a small business, of Mount Pleasant, South Carolina, under request for proposals (RFP) No. W912DR-16-R-0004, issued by the Department of the Army, Corps of Engineers, for environmental remediation support services for customers of the Baltimore District of Environmental & Munitions Design Center.[1] ECC challenges the agency’s evaluation of its own proposal under the non-cost/price factors and all proposals under the cost/price factor, the source selection decision, and the scope of corrective action proposed in response to another offeror’s protest.
We deny the protest.
BACKGROUND
The RFP, which was issued on September 9, 2016, and subsequently amended six times, sought proposals for the award of IDIQ contracts with a shared capacity of $230 million for environmental remediation services in support of the Baltimore District Environmental & Munitions Design Center’s customers. RFP at 7, 25.[2] The RFP contemplated the award of 10 contracts, with six reserved for small businesses. Id.
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