Gemmo SpA

B-416864.3 Sep 19, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Gemmo S.p.A., of Vincenza, Italy, protests the award of a contract to Valiant/ALCA Joint Venture, LLC (Valiant/ALCA) under request for proposals (RFP) No. N62470-17-R-4002, issued by the Department of the Navy, Naval Facilities Engineering Command for base operations support (BOS) services at the Naval Air Station Sigonella and its outlying support sites in Italy. Gemmo challenges various aspects of the agency's evaluation of the awardee's proposal. 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:  Gemmo S.p.A. File:  B-416864.3 Date:  September 19, 2019 David S. Black, Esq., Eric S. Crusius, Esq., Gregory R. Hallmark, Esq., and Amy L. Fuentes, Esq., Holland & Knight LLP, for the protester. Anuj Vohra, Esq., Nicole J. Owren-Wiest, Esq., James G. Peyster, Esq., Christian N. Curran, Esq., and Zachary Schroeder, Esq., Crowell & Moring LLP, for Valiant/ALCA Joint Venture, LLC, the intervenor. Seth Eddy, Esq., and Christopher J. Robbins, Esq., Department of the Navy, for the agency. Kasia Dourney, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging an agency’s determination that the awardee’s joint venture agreement was compliant with the terms of the solicitation is denied when the requirements at issue were not material terms of the solicitation and when the solicitation did not specify that failure to comply with those requirements would result in rejection of proposals.  2.  Protest challenging an agency’s evaluation of the awardee’s corporate experience and past performance, because it attributed corporate experience and past performance of the awardee’s predecessor companies to the awardee, is denied when the agency’s evaluation was reasonable and consistent with the terms of the solicitation. DECISION Gemmo S.p.A., of Vincenza, Italy, protests the award of a contract to Valiant/ALCA Joint Venture, LLC (Valiant/ALCA) under request for proposals (RFP) No. N62470-17-R-4002, issued by the Department of the Navy, Naval Facilities Engineering Command for base operations support (BOS) services at the Naval Air Station Sigonella and its outlying support sites in Italy.[1]  Gemmo challenges various aspects of the agency’s evaluation of the awardee’s proposal.  We deny the protest. BACKGROUND The solicitation, issued on February 23, 2018, contemplated the award of an indefinite-delivery, indefinite-quantity contract, on a best-value tradeoff basis.[2]  RFP at 148, 448.  The RFP sought all labor, supervision, management, materials, and equipment necessary to provide BOS services at the Sigonella air station and its outlying support sites.[3]  COS/MOL at 2; RFP at 167.  The solicitation anticipated the award of a fixed-price contract with a 1-year base and seven 1-year option periods.  COS/MOL at 3. The offerors were advised that the agency would make award considering price and the following non-price factors:  (1) corporate experience; (2) technical/management approach; (3) safety; and (4) past performance.  RFP at 441.  The technical factors, combined, were of equal importance to the past performance factor; all technical factors and the past performance factor, combined, were approximately equal to price.  Id.  Under the corporate experience factor, the offerors were to provide: a minimum of one (1) and a maximum of five (5) examples of recent and relevant contract actions . . . [which would] clearly demonstrate recent and relevant experience on contract actions similar in size, scope, and complexity to the requirements described in the Performance Work Statement (PWS). RFP at 444.  The solicitation further clarified that in order to qualify as “a recent and relevant contract” action, there must have been at least one (1) full year of contract performance completed within the five (5) year period immediately preceding the release date of the solicitation.  Additionally, the awarded annual value of the contract action must exceed $5 Million . . . . Id.  With respect to the corporate experience of joint venture offerors, the solicitation advised that: If the offeror is a Joint Venture, recent and relevant experience should be submitted for contracts completed by the Joint Venture entity.  If the Joint Venture does not have such shared experience, relevant experience (either as a prime or subcontractor) shall be submitted for each Joint Venture partner.