JDD Inc. (N40085-19-R-9047)

B-417545 Jul 24, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Integrity National Corporation of Silver Spring, Maryland, protests the terms of request for proposals (RFP) No. N40085-19-R-9047, issued by the Department of the Navy, Naval Facilities Engineering Command, for custodial services at the Portsmouth Naval Shipyard in Kittery, Maine. Integrity contends that the solicitation does not provide sufficient information for offerors to calculate the health benefits that are part of the labor costs required under the solicitation. Integrity also contends that the procurement should have been set aside for small businesses. We deny the protest in part and dismiss it in part. View Decision Decision Matter of:  Integrity National Corporation File:  B-417545 Date:  July 24, 2019 Ruth E. Ganister, Esq., Rosenthal and Ganister, LLC, for the protester. Alanna B. Whybrew, Esq., Department of the Navy, for the agency. April Y. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that a solicitation does not contain sufficient information for offerors to calculate required health benefits is denied where the solicitation provides offerors with sufficient information to compete intelligently and on a relatively equal basis. 2.  Protest that a solicitation should be set aside for small businesses is dismissed where the protester has not established that it is an interested party. DECISION Integrity National Corporation of Silver Spring, Maryland, protests the terms of request for proposals (RFP) No. N40085‑19‑R‑9047, issued by the Department of the Navy, Naval Facilities Engineering Command, for custodial services at the Portsmouth Naval Shipyard in Kittery, Maine.  Integrity contends that the solicitation does not provide sufficient information for offerors to calculate the health benefits that are part of the labor costs required under the solicitation.  Integrity also contends that the procurement should have been set aside for small businesses. We deny the protest in part and dismiss it in part. BACKGROUND The RFP, issued on March 11, 2019 on an unrestricted basis, seeks a contractor to provide custodial services, to include “all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary” for the Portsmouth Naval Shipyard in Kittery, Maine.  Agency Report (AR), Tab 2, RFP, at 16.  The RFP contemplates the award of a combination fixed-price and indefinite-delivery, indefinite‑quantity (IDIQ) contract for a base period of 1 year with four 1-year options to the firm that provides the lowest-priced, technically acceptable (LPTA) offer.  RFP at 3‑4. Prior to issuing the solicitation, the agency posted a sources sought notice to determine the availability and capability of small businesses to perform its requirements.  The notice instructed interested parties to submit a capability package to address, among other requirements, “[e]xamples of projects worked within the last five years of similar size, scope and complexity as the work indicated[,]” and whether they worked as the prime or subcontractor, with the following specifications: Size:  A maintenance service contract with a yearly value of at least $700,000.00 or greater for recurring services.  [IDIQ] values for infrequent work will not be considered similar in size. Scope:  Demonstrate the ability to provide all labor, management, supervision, tools, materials, [and] equipment to provide custodial services and other items necessary as defined by the RFP.  Demonstrate the ability to perform various miscellaneous services including, but not limited to high and low cleaning, exterior and interior window cleaning services, and other services that may be typical of a custodial services contract. Complexity:  Demonstrate the ability to respond simultaneously to service call and maintenance requirements for various locations and buildings throughout the installation and supporting annexes.  Demonstrate the ability to manage competing priorities in order to support customer demands. AR, Tab 11, Sources Sought Notice, Nov. 15, 2018, at 1-2. On or before November 30, the agency received capability packages from nine interested small businesses[1] and determined that none of the submissions met the requirements in the sources sought notice.  AR, Tab 12, Market Research Report, Jan. 10, 2019, at 1-3;[2] AR, Tab 3, Contracting Officer’s Statement (COS), at 1; Memorandum of Law (MOL) at 6.  The contracting officer also conducted a dynamic small business search and prepared a small business coordination record that discussed the prior procurement history and market research results.