Markit! Forestry Management, LLC (1282BH19R0001)

B-417910.3 Apr 07, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Markit! Forestry Management, LLC, a small business of Colorado Springs, Colorado, requests that our Office recommend that the U.S. Department of Agriculture (USDA) Forest Service, reimburse the firm for the reasonable costs of filing and pursuing its protest. In its protest, Markit! challenged USDA's price evaluation and best-value award decision under request for proposals (RFP) No. 1282BH-19-R-0001, which was issued for silviculture treatments. Markit! argues that its protest was clearly meritorious and that the agency unduly delayed taking corrective action. We grant the request. 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:  Markit! Forestry Management, LLC--Costs File:  B-417910.3 Date:  April 7, 2020 Jacob W. Scott, Esq., Alan I. Saltman, Esq., and Erik M. Coon, Esq., Smith, Currie & Hancock, LLP, for the protester. Antonio Robinson, Esq., United States Department of Agriculture, for the agency. Andrew J. Smith, Esq., and Stephanie B. Magnell, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST GAO recommends reimbursement of the reasonable costs of filing and pursuing challenges against the agency’s evaluation of the protester’s price and the award decision, where the agency unduly delayed taking corrective action with respect to a clearly meritorious protest of the agency’s price evaluation and best-value tradeoff determination.  DECISION   Markit! Forestry Management, LLC, a small business of Colorado Springs, Colorado, requests that our Office recommend that the U.S. Department of Agriculture (USDA) Forest Service, reimburse the firm for the reasonable costs of filing and pursuing its protest.  In its protest, Markit! challenged USDA’s price evaluation and best-value award decision under request for proposals (RFP) No. 1282BH-19-R-0001, which was issued for silviculture treatments.  Markit! argues that its protest was clearly meritorious and that the agency unduly delayed taking corrective action.  We grant the request.  BACKGROUND On February 22, 2019, the agency issued the RFP pursuant to the commercial item procedures of Federal Acquisition Regulation (FAR) part 12.  Agency Report (AR), Tab 4, RFP, at 1.[1]  The RFP, which was set aside for small businesses, contemplated the award of multiple indefinite-delivery, indefinite-quantity (IDIQ) fixed-price contracts for vegetation removal and treatment to reduce the risk of wildfires and to meet silvicultural objectives at national forests located in, or adjacent to, five zones within the Rocky Mountain region.  Id. at 1-2, 25, 49; COS at 1.  Award was to be made on a best-value tradeoff basis considering price and the following non-price factors:  past performance; experience/key personnel; performance of work plan and techniques; quality control plan; and utilization of biobased products.  AR, Tab 5, RFP amend. 0001, at 51.  When combined, the non-price factors were approximately equal to price.  Id.  The RFP’s performance period consisted of a base year and four 1-year option periods.  Id. at 4-6, 48-49.  For each year, the RFP contained nine contract line item numbers (CLINs) for different manual vegetation treatments, such as pruning or hazard tree felling, and seven CLINs for mechanical vegetation treatments, such as mowing or chipping.  Id. at 4-6.  Offerors were required to submit their unit price per acre[2] for each CLIN and indicate in which zones it wished to be considered for award.[3]  Id. at 49.  While offerors were not required to propose on all zones, offerors were required to propose prices for all mechanical and manual CLINs to be considered for award.  Id.  As relevant to this request, the RFP stated that the agency would subjectively evaluate price proposals to determine the reasonableness and realism of each CLIN price.  Id. at 51.  The agency received 21 proposals in response to the RFP, including Markit!’s proposal to provide manual and mechanical vegetation treatments in zones 1, 2, and 3.  COS at 2.  After the initial evaluation, the agency notified Markit! that its prices were determined to be extremely high and not fair and reasonable.  Id.  In response, Markit! timely submitted a revised proposal, which the agency evaluated.  Id. at 2-3.  While not expressly contemplated by the RFP, the agency awarded separate contracts for mechanical and manual vegetation treatment services.  Id.