State Women Corporation

B-416510 Jul 12, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights State Women Corporation (SWC), of Kabul, Afghanistan, protests the award of a contract to Macro Vantage Levant DMCC (MVL), of Dubai, United Arab Emirates, under request for proposals (RFP) No. W5J9JE-18-R-0008, which was issued by the Department of the Army, Corps of Engineers, for the design and construction of a new consolidated morgue and visitation center at the Kabul National Military Hospital in Kabul, Afghanistan. SWC challenges the agency's evaluation of its proposal, and the best-value tradeoff resulting in the award of the contract to a higher-rated, higher-priced proposal. We dismiss the protest as untimely. We dismiss the protest as untimely. View Decision Decision Matter of:  State Women Corporation File:  B-416510 Date:  July 12, 2018 Sultan Siddiqi and Ahmad Yar Gharany, for the protester. Maria Kolokithias, Esq., and Thomas J. Warren, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Where an agency clearly indicated that a debriefing provided under the Department of Defense's enhanced postaward debriefing procedures was considered closed following the agency's responses to an initial set of questions submitted by the protester, the protester's posing of additional questions to the agency after the debriefing concluded does not extend the time for filing a bid protest, and a protest filed more than 10 days after the agency's initial responses is dismissed as untimely. 2.  Following use of enhanced debriefing procedures, the time period for filing a protest is 10 days, as provided under our Regulations, not 5 days, as argued by the agency.  DECISION State Women Corporation (SWC), of Kabul, Afghanistan, protests the award of a contract to Macro Vantage Levant DMCC (MVL), of Dubai, United Arab Emirates, under request for proposals (RFP) No. W5J9JE-18-R-0008, which was issued by the Department of the Army, Corps of Engineers, for the design and construction of a new consolidated morgue and visitation center at the Kabul National Military Hospital in Kabul, Afghanistan.  SWC challenges the agency's evaluation of its proposal, and the best-value tradeoff resulting in the award of the contract to a higher-rated, higher-priced proposal. We dismiss the protest as untimely. BACKGROUND The RFP, which was issued on January 7, 2018, and subsequently amended three times, contemplated a two-phase design-build procurement pursuant to Federal Acquisition Regulation (FAR) parts 15 and 36, for a fixed-price contract for a morgue and visitation center at the Kabul National Military Hospital in Kabul, Afghanistan.  RFP, amend. no. 3, at Instructions ¶ A.  Phase I proposals were to be evaluated on an acceptable/unacceptable basis considering two factors, (1) key personnel, and (2) specialized experience.  Id., amend. no. 1, at ¶ B(5)(G).  In Phase II, award was to be made on a best-value tradeoff basis, with the combination of the non-cost factors of (1) design and technical narrative, and (2) project management plan and schedule, being significantly more important than price.  Id., amend. no. 3, at ¶ B(5)(F). The Corps received 16 phase I proposals, and ultimately received 5 phase II proposals.  Request for Dismissal, exh. no. 1, Award Notice Letter (May 16, 2018), at 1.  Relevant here, the agency evaluated the proposals submitted by the protester and awardee as follows:   SWC MVL Key Personnel Acceptable Acceptable Specialized Experience Acceptable Acceptable Design & Technical Narrative Acceptable Good Project Management Plan & Schedule Good Good Price $2,941,755 $6,160,188 Id. at 2. The source selection official selected MVL's proposal for award as representing the best value to the agency based on the RFP's evaluation scheme of the design and technical narrative and project management plan and schedule factors, when combined, being significantly more important than price.  Id.  On May 16, the agency notified SWC of the award decision and its right to a debriefing pursuant to FAR § 15.506.  Id.  On the same day, SWC requested a debriefing.  Request for Dismissal, exh. no. 2, SWC Debriefing Request, at 1. On May 28, the Corps provided a written debriefing to SWC.  Request for Dismissal, exh. no. 3, SWC Debriefing Letter.  The debriefing letter addressed the bases for the agency's evaluation of SWC's proposal under each of the four non-price factors, the awardee's technical ratings and total evaluated price, and the basis for the agency's best-value tradeoff.  Id. at 2-4.  The letter concluded by inviting the protester to submit any additional questions relating to the debriefing pursuant to Department of Defense (DOD) Class Deviation 2018-O0011 - Enhanced Post Award Debrief Rights (hereinafter, Enhanced Debriefing Rights).  Id.