EA Engineering, Science, and Technology, Inc.

B-417361,B-417361.2 Jun 13, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights EA Engineering, Science, and Technology, Inc., a small business of Hunt Valley, Maryland, protests the issuance of a task order to The Louis Berger Group, Inc., of Washington, D.C., under request for quotations (RFQ) No. 1344044, which was issued by the Federal Energy Regulatory Commission (FERC), for hydroelectric environmental and engineering services. The protester challenges the reasonableness of the agency's evaluation of technical quotations and past performance, and contends that the agency failed to consider the potential impact of the awardee's acquisition by another firm on its performance of the contract. 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:  EA Engineering, Science, and Technology, Inc. File:  B-417361; B-417361.2 Date:  June 13, 2019 Seamus Curley, Esq., Chelsea L. Goulet, Esq., Stroock, Stroock & Lavan LLP, for the protester. Scott Arnold, Esq., Luke W. Meier, Esq., Michael J. Montalbano, Esq., Blank Rome LLP, for The Louis Berger Group, Inc., the intervenor. Michael Watson, Esq., Marcos Araus, Esq., Federal Energy Regulatory Commission, for the agency. Heather Self, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging deficiencies evaluated in the protester’s quotation is denied where the agency’s evaluation was reasonable and in accordance with the solicitation. 2.  Protest that the awardee’s quotation should have been evaluated as technically unacceptable because it failed to address required areas of work is denied where the allegation is without factual support. 3.  Protest alleging that the agency failed to take into consideration the acquisition of the awardee by another firm is denied where the record reflects that the acquisition occurred prior to the submission of quotations, the awardee specifically addressed the acquisition in its quotation, and the awardee explained that it will continue to operate as a separate legal entity in performance of the contract. 4.  Protest alleging that the agency failed to meaningfully evaluate vendors’ past performance is denied where the record reflects that the agency considered past performance information with regard to the awardee, and the protester cannot demonstrate prejudice as a result of the alleged failure to consider its own past performance because the protester was otherwise technically unacceptable. DECISION EA Engineering, Science, and Technology, Inc., a small business of Hunt Valley, Maryland, protests the issuance of a task order to The Louis Berger Group, Inc., of Washington, D.C., under request for quotations (RFQ) No. 1344044, which was issued by the Federal Energy Regulatory Commission (FERC), for hydroelectric environmental and engineering services.  The protester challenges the reasonableness of the agency’s evaluation of technical quotations and past performance, and contends that the agency failed to consider the potential impact of the awardee’s acquisition by another firm on its performance of the contract. We deny the protest. BACKGROUND The agency issued the RFQ on December 21, 2018, to holders of General Services Administration’s (GSA) Professional Services Schedule contracts for hydroelectric environmental and engineering services, pursuant to Federal Acquisition Regulation (FAR) subpart 8.4.  The solicitation contemplated the issuance of a task order to provide assistance to FERC’s Office of Energy Projects, which is responsible for coordinating and managing FERC’s hydropower licensing and compliance program.  Agency Report (AR), Exh. C, Sub. Exh. J, Statement of Work (SOW), at 32.  As established by the SOW, the prospective contractor would be responsible for preparing technical input and drafting documents to assist FERC in meeting its obligations under a variety of statutes and regulations, including, as relevant here, the National Environmental Policy Act (NEPA).  Id.  The RFQ contemplated the issuance of a time-and-materials task order, with a 1-year base period and four 1-year option periods.  AR, Exh. C, Sub. Exh.