NCS/EML Joint Venture II, LLC

B-417686 Sep 23, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights NCS/EML Joint Venture II, LLC, of Louisville, Kentucky, protests the award of contract to Sunik, LLC, of Herndon, Virginia, under request for proposals (RFP) No. N6247017R4003, issued by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC) for base operating support services at the Marine Corps Base in Quantico, Virginia. NCS/EML challenges the evaluation of technical proposals and source selection decision. We deny in part and dismiss in part 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:  NCS/EML Joint Venture II, LLC File:  B-417686 Date:  September 23, 2019 Matthew P. Moriarty, Esq., Shane J. McCall, Esq., Nicole D. Pottroff, Esq., and Robert D. Kampen, Esq., Koprince Law, LLC, for the protester. Devon E. Hewitt, Esq., Protorae Law PLLC, for Sunik, LLC, the intervenor. Christopher J. Robbins, Esq., and Kelsey A. Harrer, Esq., Department of the Navy, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of technical proposals is denied where the evaluation was reasonable and consistent with the solicitation requirements. DECISION NCS/EML Joint Venture II, LLC, of Louisville, Kentucky, protests the award of contract to Sunik, LLC, of Herndon, Virginia, under request for proposals (RFP) No. N6247017R4003, issued by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC) for base operating support services at the Marine Corps Base in Quantico, Virginia.  NCS/EML challenges the evaluation of technical proposals and source selection decision. We deny in part and dismiss in part the protest. BACKGROUND On July 23, 2018, the Navy issued the solicitation as a set-aside for participants in the Small Business Administration’s 8(a) program.  The awardee is to provide all management, supervision, labor, materials, and equipment necessary to provide services in a number of areas, including force protection, facility management, and grounds maintenance/landscaping.[1]  RFP at 1, 16.  The solicitation anticipated a fixed price, indefinite-delivery, indefinite-quantity (IDIQ) contract, made up of both recurring work and non-recurring work items, for a base year with seven 12-month options.[2]  The solicitation provided for award on a best-value basis considering the following factors:  corporate experience, technical/management approach, safety, past performance, and price.  Id. at 356.  The corporate experience, technical/management approach, and safety factors were equal in weight, and when combined, were equal in importance to the past performance factor.  Id.  All four of the non‑price factors combined were considered approximately equal to price.  Id.  The Navy received timely proposals from five offerors, including NCS/EML and Sunik.  Combined Contracting Officer Statement and Memorandum of Law (COS/MOL) at 2, 11.  In accordance with the solicitation, the agency evaluated the non‑price and price proposals separately.  Id. at 11.  The agency evaluated NCS/EML’s and Sunik’s proposals as follows:   NCS/EML SUNIK Corporate Experience Good Good Technical/Management Approach Acceptable Acceptable Safety Good Good Past Performance Substantial Substantial Overall Good Good Total Price $88,512,883.37 $75,985.807.74 Agency Report (AR), Tab 8, Source Selection Decision Document (SSDD), at 2. Based on the evaluation, the source selection authority (SSA) determined that Sunik’s proposal presented the best value to the government.  Specifically, the SSA found that Sunik had advantages over NCS/EML under the corporate experience factor based on strengths assessed to Sunik’s proposal under that factor.  Id. at 4-5.  The SSA concluded that Sunik had a slight advantage over NCS/EML under the past performance factor in that “Sunik’s record reflects a stronger trend of customer satisfaction at the highest level, including a higher customer satisfaction [than NCS/EML] on its Very Relevant project.”  Id. at 5.  The SSA concluded that Sunik and NCS/EML were essentially equal under the safety factor.  Given the advantages of Sunik’s proposal and its lower price, the SSA concluded that Sunik’s proposal represented a better overall value to the government.  Id. at 4-5.  Accordingly, on May 20, 2019, the agency awarded the contract to Sunik.  COS/MOL at 27.  The agency advised NCS/EML of the award decision, and provided the offeror with a debriefing.  Id.