Normandeau Associates, Inc.

Case: B-417136 Agency: Department of Defense : Department of the Army : Corps of Engineers Protester: Normandeau Associates, Inc. Date: 2019-02-06 Denied
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B-417136 Feb 06, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Normandeau Associates, Inc. (Normandeau), a small business of Wenatchee, Washington, protests the award of a contract to Four Peaks Environmental Science and Data Solutions (Four Peaks), a small business also of Wenatchee, under request for proposals (RFP) No. W912EF18R0031, issued by the Department of the Army, Corps of Engineers, for fish counting and related services. Normandeau challenges the agency's technical evaluation of Four Peaks' proposal, arguing that the agency should have found Normandeau's proposal unacceptable under the solicitation's experience related factors. 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 version has been approved for public release. Decision Matter of:  Normandeau Associates, Inc. File:  B-417136 Date:  February 6, 2019 Kenneth A. Martin, Esq., The Martin Law Firm, PLLC, for the protester. Brent Finley, Esq., Finley Legal, PLLC, for Four Peaks Environmental Science and Data Solutions the intervenor. Theresa Hampson, Esq., and Zachary Jacobson, Esq., Department of the Army, for the agency. Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s evaluation of awardee’s experience is denied where the agency reasonably considered the experience of the awardee’s proposed personnel performing similar work. DECISION Normandeau Associates, Inc. (Normandeau), a small business of Wenatchee, Washington, protests the award of a contract to Four Peaks Environmental Science and Data Solutions (Four Peaks), a small business also of Wenatchee, under request for proposals (RFP) No. W912EF18R0031, issued by the Department of the Army, Corps of Engineers, for fish counting and related services.  Normandeau challenges the agency’s technical evaluation of Four Peaks’ proposal, arguing that the agency should have found Normandeau’s proposal unacceptable under the solicitation’s experience related factors. We deny the protest. BACKGROUND The solicitation, issued on August 27, 2018 as a set-aside for small business concerns, contemplated the award of a fixed-price contract to provide adult fish counting services at eight mainstem dams on the Columbia and Snake Rivers, as well as related information technology (IT) systems development.  Agency Report (AR), Tab 1, RFP at 1 and 7.  The RFP identified the following four evaluation factors:  (1) price; (2) technical experience; (3) management experience; and (4) past performance.  Id. at 85-87.  With respect to price, the RFP provided the agency would evaluate prices for reasonableness and completeness.  Id. at 85.  The three non-price factors were to be rated for acceptability.  With respect to factor 2 (technical experience) and factor 3 (management experience), the RFP defined an acceptable rating as a proposal that “clearly meets the minimum requirements of the solicitation.”  Id. at 86-87.  As relevant here, under the technical experience factor, the RFP indicated the agency would evaluate an offeror’s experience performing “relevant Adult Fish Counting contracts.”  Id. at 86.  In this regard, the RFP directed offerors to demonstrate experience with the following elements:  (1) visual real time fish counting for multiple species; (2) video fish counting for multiple species; (3) conducting fish count operations at multiple sites and for 24 hour operations; (4) experience working near and around dams and fishways; (5) procuring, operating and maintaining IT systems hardware and software; and (6) standing up internet network processes to convey fish count data.  Id.  Under the management experience factor, the RFP established that the agency would evaluate whether an offeror effectively demonstrated an understanding of the solicitation requirements for managing appropriate personnel levels at multiple locations, contract transitioning, developing and maintaining data recording and transfer procedures, managing subcontracts or joint ventures, training personnel in fish identification and counting methods, and developing quality control procedures.  RFP at 87.  The agency received three proposals prior to the RFP’s September 28, 2018 closing, to include proposals from Four Peaks and Normandeau.  Contracting Officer’s Statement (COS) at 2.  The record reflects that the agency’s Source Selection Evaluation Board (SSEB) evaluated both Normandeau’s and Four Peaks’ proposals as acceptable under each of the three of the non-price factors.  AR, Tab 12, SSEB Consensus Report, at 7-8.  The SSEB rated the third proposal technically unacceptable for two of the non-price factors.  Id.

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