Freedom Contracting Group (36C10F19R0010)

B-417772.2 Jul 31, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Freedom Contracting Group (Freedom Contracting), located in New Hudson, Michigan, protests the actions taken by the Department of Veterans Affairs (VA) in response to a size determination by the Small Business Administration (SBA) that MGC Services a Joint Venture, LLC (MGC), located in Lutz, Florida, was other than small under request for proposal (RFP) No. 36C10F-19-R-0010, for design bid build construction and maintenance services. Freedom Contracting contends that the VA's announced intention to resolicit the requirement, rather than to amend the solicitation and request revised proposals, was an unreasonable response to the SBA's size determination. The protester also contends that the agency violated Federal Acquisition Regulation (FAR) 15.503(a)(2) by failing to provide the protester a pre-award notice of the agency's intent to make award to MGC. We deny the protest. View Decision Decision Matter of:  Freedom Contracting Group File:  B-417772.2 Date:  July 31, 2020 John M. Manfredonia, Esq., Manfredonia Law Offices, LLC, for the protester. Susan M. Chagrin, 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 agency’s decision to resolicit its requirements, taken in response to a size determination by the Small Business Administration--rather than amending the solicitation and requesting revised proposals--is denied where the agency’s decision was reasonably based on its determination that the solicitation no longer reflected the agency’s needs. DECISION     Freedom Contracting Group (Freedom Contracting), located in New Hudson, Michigan, protests the actions taken by the Department of Veterans Affairs (VA) in response to a size determination by the Small Business Administration (SBA) that MGC Services a Joint Venture, LLC (MGC), located in Lutz, Florida, was other than small under request for proposal (RFP) No. 36C10F-19-R-0010, for design bid build construction and maintenance services.  Freedom Contracting contends that the VA’s announced intention to resolicit the requirement, rather than to amend the solicitation and request revised proposals, was an unreasonable response to the SBA’s size determination.  The protester also contends that the agency violated Federal Acquisition Regulation (FAR) 15.503(a)(2) by failing to provide the protester a pre-award notice of the agency’s intent to make award to MGC. We deny the protest. BACKGROUND The RFP, which the VA issued on May 31, 2019, and subsequently amended five times, sought proposals for phase II of the VA’s graveside expansion and cemetery improvements to provide burial services at the VA’s Great Lakes National Cemetery in Holly, Michigan.  The project will develop approximately 30 acres of undeveloped land at the national cemetery to provide approximately 28,400 gravesites, including both casket and cremation sites.  This project also will include renovations and upgrades to the existing administration and maintenance facilities, repairs and sealing of the existing road system, and necessary repairs to the committal shelters.  RFP at 10-11; Agency Report (AR) exh. 15, Source Selection Decision Memorandum at 4. The solicitation, a set-aside for service-disabled veteran-owned small business concerns, provided for award of a fixed-price contract on a best‑value tradeoff basis, considering the following evaluation factors:  (1) past performance; (2) relevant experience; (3) technical approach; (4) construction/project management; and (5) price.  RFP at 11.  The four non-price factors, when combined, were significantly more important than price.  Id.  The solicitation incorporated by reference FAR provision 52.215-1, Instructions to Offerors-Competitive Acquisition, which provided that the agency reserved the right to make award without discussions.  Id. at 27 (see FAR 52.215-1(f)(4)).  The VA received three timely proposals in response to the solicitation, which were evaluated as follows: Technical Factors MGC Freedom Contracting Offeror 3 Past Performance Very Good Satisfactory Neutral Relevant Experience Very Good Marginal Unsatisfactory Technical Approach Satisfactory Marginal Satisfactory Construction/Project  Management Satisfactory Marginal Satisfactory Overall Rating Satisfactory Marginal Marginal Evaluated Price $28,758,320 $34,990,000 $40,652,542   AR exh. 13, Consensus Evaluation Report at 10; exh. 15, Source Selection Decision Memorandum at 42.