J&J Worldwide Services (RFP MRR-2019-008108)

B-418148.4 Oct 07, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights J&J Worldwide Services, of Austin, Texas, requests that we reconsider our decision in J&J Worldwide Services, B-418148.3, June 30, 2020, 2020 CPD ¶ __, where we denied J&J's protest challenging the issuance of a task order to Valiant Government Services, LLC, under request for proposals (RFP) No. MRR-2019-008108. The RFP was issued by the Department of the Army, Army Corps of Engineers (Corps), for the repair and renewal of the radiology department at the Madigan Army Medical Center, Joint Base Lewis McChord, Washington. J&J argues that our decision failed to address, or inadequately resolves, protest grounds raised by J&J in its prior protest. We deny the request for reconsideration. raised by J&J in its prior 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:  J&J Worldwide Services--Reconsideration File:  B-418148.4 Date:  October 7, 2020 Kate H. Kennedy, Esq., Davis Wright Tremaine LLP, for the protester. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration is denied where the requesting party has not shown that our decision contains errors of fact or law or information not previously considered that warrants reversal or modification of the decision. DECISION   J&J Worldwide Services, of Austin, Texas, requests that we reconsider our decision in J&J Worldwide Services, B-418148.3, June 30, 2020, 2020 CPD ¶ __, where we denied J&J’s protest challenging the issuance of a task order to Valiant Government Services, LLC, under request for proposals (RFP) No. MRR-2019-008108.  The RFP was issued by the Department of the Army, Army Corps of Engineers (Corps), for the repair and renewal of the radiology department at the Madigan Army Medical Center, Joint Base Lewis McChord, Washington.  J&J argues that our decision failed to address, or inadequately resolves, protest grounds raised by J&J in its prior protest. We deny the request for reconsideration. BACKGROUND The Army issued the RFP on March 18, 2019, under the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, to contractors holding a Corps multiple‑award task order contract.  The solicitation anticipated the issuance of a fixed‑price task order, for the repair and renewal of the radiology department at the Madigan Army Medical Center.  Agency Report (AR), Tab 1, RFP, at 1.[1]  The solicitation provided that award would be made on a best-value tradeoff basis considering three evaluation factors:  technical approach, past performance, and price.  RFP at 26.  The technical approach factor was comprised of three subfactors:  technical approach summary, key personnel resumes, and management approach.  Id.   As relevant to this request for reconsideration, the RFP contained a requirement that the contractor remove the existing heating, ventilation, and air conditioning (HVAC) system and replace it with a new, complete HVAC system.  AR, Tab 5, RFP amend. 3, Amended Statement of Work, at 9‑10.  The solicitation defined a rating of unacceptable as “[p]roposal does not meet requirements of the solicitation, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable,” and “[p]roposal is unawardable.”[2]  RFP at 27.  The solicitation also warned offerors that award would not be made to a contractor whose proposal received a final technical rating of marginal or unacceptable.  Id. at 26.    The agency received proposals from four offerors, including J&J and Valiant.  Contracting Officer Statement and Memorandum of Law (COS/MOL) at 1.  The agency evaluated the proposals and selected Valiant for award.  Id.  On November 1, 2019, J&J filed a protest with our Office challenging the agency’s award decision.  In response, the agency advised that it would take corrective action by reevaluating proposals and issuing a new award decision.  Req. for Dismissal, B-418148.2, Nov. 13, 2019.  Accordingly, our Office dismissed the protest as academic.  J&J Worldwide Servs., B‑418148.2, Nov. 19, 2019 (unpublished decision). As a part of its corrective action, the agency reevaluated proposals.  COS/MOL at 2, 9, (citing AR, Tab 8, Board Consensus Eval. at 7-12).  The agency determined that J&J’s proposal was technically unacceptable after assigning J&J’s proposal five deficiencies and two significant weaknesses.  COS/MOL at 2, 9.  Based upon the rating of unacceptable, J&J’s proposal was deemed unawardable and not considered for award.  AR, Tab 10, Unsuccessful Offeror Letter (Feb. 27, 2020) at 1.  On February 27, 2020, at the conclusion of its corrective action, the agency again selected Valiant for award.  Id.