Rig Masters, Inc. (W912EE-18-R-0012)

B-417374.5,B-417374.6 Jan 23, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Rig Masters, Inc., a small business located in Monterey, Louisiana, protests the award of a contract to Re-Engineered Business Solutions, Inc. (RBS), a small business located in Cocoa, Florida, under request for proposals (RFP) No. W912EE-18-R-0012, issued by the Department of the Army, Corps of Engineers (Corps) for contractor services at locks and dams in the state of Louisiana. The protester asserts that the agency unreasonably and unequally evaluated the awardee's proposed project manager, and improperly relaxed the applicable personnel requirement. 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:  Rig Masters, Inc. File:  B-417374.5; B-417374.6 Date:  January 23, 2020 David R. Johnson, Esq., and Tyler E. Robinson, Esq., Vinson & Elkins LLP, for the protester. Wayne A. Keup, Esq., Wayne A. Keup, PLLC, for Re-Engineered Business Solutions, Inc., the intervenor. Thomas J. Warren, Esq., David Dyer, Esq., and Steven H. Finch, Esq., Department of the Army, for the agency. Alexander O. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging agency’s staffing evaluation is denied where the agency reasonably determined that the awardee’s proposed project manager met the solicitation’s requirements and where the agency did not treat offerors unequally. 2.  Protest alleging that agency waived a solicitation personnel requirement is denied where the evaluation record demonstrates that the agency reasonably applied the requirement in question. DECISION Rig Masters, Inc., a small business located in Monterey, Louisiana, protests the award of a contract to Re-Engineered Business Solutions, Inc. (RBS), a small business located in Cocoa, Florida, under request for proposals (RFP) No. W912EE-18-R-0012, issued by the Department of the Army, Corps of Engineers (Corps) for contractor services at locks and dams in the state of Louisiana.  The protester asserts that the agency unreasonably and unequally evaluated the awardee’s proposed project manager, and improperly relaxed the applicable personnel requirement. We deny the protest. BACKGROUND On November 9, 2018, the Corps issued the solicitation, which contemplated the award of a fixed-price contract for the provision of operations, maintenance, and repair services at lock and dam facilities in the state of Louisiana.  The solicitation stated that award would be made on a lowest-priced, technically acceptable basis.   The RFP called for the evaluation of three factors:  technical, past performance, and price.  Agency Report (AR), Tab 1, RFP, at 92.  The technical evaluation factor, in turn, consisted of two subfactors:  capability and staffing.  For the evaluation of staffing, the solicitation originally required resumes to be submitted for 32 individuals proposed for performance on the project.  Contracting Officer’s Statement (COS) at 1.  This requirement was later amended to require resumes only for a qualified project manager and a qualified administrative staff person.  RFP at 86. For the past performance factor, the Corps was to evaluate each offeror’s past performance on “contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills.”  Id. at 90.  For the evaluation of price, the solicitation contemplated that the agency would evaluate each offeror’s price proposal for completeness and price reasonableness.  Id. at 91-92. Both Rig Masters (the incumbent contractor) and RBS timely submitted proposals in response to the RFP.  COS at 3.  On February 14, 2019, the agency announced award of the contract to Rig Masters.  Id.  RBS filed a protest of the award, which our Office docketed as B-417374.1.  Based on allegations of impropriety on the part of the source selection evaluation board chairperson, the Corps notified GAO it would take corrective action in response to the protest.  Id. at 4.  Our Office subsequently dismissed Rig Master’s protest as academic in light of the announced corrective action.  Following the dismissal, the agency convened a new source selection evaluation board and reevaluated proposals.  Id.  Based on the reevaluation, the Corps determined that RBS’s proposal was the lowest-priced, technically acceptable offer.  Id.  On May 16, the Corps revoked the award to Rig Masters and awarded a contract for the requirement to RBS.  Id.