DeWitt and Company, Inc.

B-417194 Mar 25, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights DeWitt and Company, Inc. (DeWitt), a service-disabled veteran-owned small business (SDVOSB) located in Newman, Georgia, protests the issuance of an order to Gateway to Outdoor Solutions, LLC (Gateway), a SDVOSB located in St. Louis, Missouri, under request for quotations (RFQ) No. 36C7861Q0009, issued by the Department of Veterans Affairs (VA), National Cemetery Administration, for grounds maintenance services. DeWitt challenges the evaluation of quotations and the selection decision. 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: DeWitt and Company, Inc. File: B-417194 Date: March 25, 2019 Christopher R. Shiplett, Esq., Randolph Law, PLLC, for the protester. James G. Nowogrocki, Esq., Heyl Royster, for Gateway to Outdoor Solutions, LLC, the intervenor. Jason A. M. Fragoso, Esq., Department of Veterans Affairs, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's evaluation and the selection of a lower-priced quotation rated as technically equal to the protester's is denied where the record shows that the agency's evaluation and selection decision were reasonable and consistent with the terms of the solicitation. DECISION DeWitt and Company, Inc. (DeWitt), a service-disabled veteran-owned small business (SDVOSB) located in Newman, Georgia, protests the issuance of an order to Gateway to Outdoor Solutions, LLC (Gateway), a SDVOSB located in St. Louis, Missouri, under request for quotations (RFQ) No. 36C7861Q0009, issued by the Department of Veterans Affairs (VA), National Cemetery Administration, for grounds maintenance services. DeWitt challenges the evaluation of quotations and the selection decision. We deny the protest. BACKGROUND On August 11, 2018, the VA posted the RFQ on the Federal Business Opportunities (FedBizOpps) website as a combined synopsis/solicitation under the commercial item acquisition and simplified acquisition procedures of Federal Acquisition Regulation (FAR) parts 12 and 13. The solicitation, which was set-aside for SDVOSB concerns, sought quotations to provide grounds maintenance at Camp Butler National Cemetery in Springfield, Illinois, as specified in the solicitation's performance work statement. The solicitation provided for the issuance of a fixed-price requirements order to the vendor submitting the quotation that provided the best benefit to the government, price and other factors considered. RFQ at 10. The solicitation further established that the agency would perform a comparative evaluation in accordance with FAR § 13.106-2(b)(3)1 "to determine which response represents the 'best' as a whole." Id. The solicitation identified a period of performance of one year, with four 1-year options. Id. at 2. As relevant here and in pertinent part, the RFQ described the evaluation process as follows: Quotes will be evaluated by performing a direct comparison of one offer with another in a uniform manner to determine which quote provides the government with its needs, as identified in the RFQ. The government reserves the right to consider a response that offers more than the minimum and select that response if it provides a benefit to the government. The government has the discretion to accept other than the lowest priced offeror that provides additional benefits. RFQ at 10. The RFQ provided for the evaluation of quotations based on the following factors: price; technical acceptability; past performance; and verification of SDVOSB status. Id. The RFQ did not rank or otherwise provide the relative importance of the evaluation factors. Quotations were due by August 31, 2018. RFQ amend. 1 at 1. The VA received quotations from six vendors, including DeWitt and Gateway. The agency's Cemetery Director reviewed each vendor's technical quotation and found none provided a unique approach to perform the solicited services beyond what was set forth in the solicitation. Based on this, all six vendors were rated acceptable under the technical acceptability factor. Contracting Officer's Statement at 4. As to past performance, one vendor received a neutral rating, and the other five vendors, including the protester and the awardee, were rated acceptable under this factor. Agency Report (AR) exh. 9, Award Decision Documentation Form at 4. As to price, DeWitt offered a total evaluated price of $1,218,928.75 and Gateway offered a total evaluated price of $1,211,378.80.