Re-Engineered Business Solutions, Inc. (W912HN-19-R-5002)
Case: B-418640
Agency: Department of the Army : Corps of Engineers
Protester: Re-Engineered Business Solutions, Inc.
Date: 2020-07-10
Denied
B-418640,B-418640.2
Jul 10, 2020
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Highlights
Re-Engineered Business Solutions, Inc., of Cocoa, Florida, protests the award of a contract to R&D Maintenance Services of Tulsa, Oklahoma, under request for proposals (RFP) No. W912HN-19-R-5002 issued by the Department of the Army, U.S. Army Corps of Engineers, for maintenance, repair, minor construction services, and operation of the Hartwell Project at the Hartwell Dam and Lake in Georgia and South Carolina. Re-Engineered argues that the agency misevaluated proposals.
We deny the protest.
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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: Re-Engineered Business Solutions, Inc.
File: B-418640; B-418640.2
Date: July 10, 2020
Wayne A. Keup, Esq., Wayne A. Keup, PLLC, for the protester.
Scott M. Heimberg, Esq., and Elise A. Farrell, Akin Gump Strauss Hauer & Feld LLP, R&D Maintenance Services, Inc., for the intervenor.
Connie L. Baran, Esq., Department of the Army, for the agency
Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the evaluation of proposals is denied where record shows that the evaluation was reasonable and consistent with applicable statutes and regulations.
DECISION
Re-Engineered Business Solutions, Inc., of Cocoa, Florida, protests the award of a contract to R&D Maintenance Services of Tulsa, Oklahoma, under request for proposals (RFP) No. W912HN-19-R-5002 issued by the Department of the Army, U.S. Army Corps of Engineers, for maintenance, repair, minor construction services, and operation of the Hartwell Project at the Hartwell Dam and Lake in Georgia and South Carolina. Re-Engineered argues that the agency misevaluated proposals.
We deny the protest.
BACKGROUND
The RFP, issued on July 24, 2019, contemplated award of a hybrid fixed-price and cost-plus-fixed-fee contract to provide services for a 1-year base period and up to four 1-year option periods. Agency Report (AR), exh. 3, RFP at 13, 119, 149. The solicitation was a total small business set-aside for the maintenance, repair, minor construction, and operation of the Hartwell Project, including the project manager’s office, campgrounds, day-use parks, boating access areas, dams, the power plant, and Clemson pumping station. Id. at 13.
Award was to be made to the firm whose proposal was the best value for the government considering three factors: technical, past performance, and cost/price.[1] RFP at 150. The technical and past performance factors were deemed equally important, and when combined, were deemed significantly more important than cost/price. Id. The technical factor included four subfactors: (1) workforce; (2) service approach; (3) equipment, materials, and supplies; and (4) management approach. Id. These four subfactors were deemed equally important. Id.
The agency received four proposals, including those of Re-Engineered and R&D. The agency assigned the following evaluation ratings to the proposals of Re-Engineered and R&D:
Re-Engineered
R & D Maintenance
Technical
Acceptable
Good
Workforce
Good
Outstanding
Service Approach
Good
Outstanding
Equip./Matl./Supplies
Marginal
Good
Mgmt. Approach
Good
Acceptable
Past Performance
Substantial Confidence
Substantial Confidence
Proposed Cost/Price
$15,338,314
$15,986,748
Most Probable Cost/Price
$15,847,643
$16,136,356
AR, exh. 10, Source Selection Decision at 2-3. Based on these evaluation results, the agency selected R&D as the firm submitting the proposal deemed to offer the best overall value to the government. After being advised of the agency’s selection decision and requesting and receiving a debriefing, Re-Engineered filed the current protest.
DISCUSSION
Re-Engineered challenges the agency’s technical evaluation, as well as the accuracy of the agency’s independent government estimate (IGE). We have considered all of the protester’s allegations and find no merit to its protest. We note at the outset that, in reviewing protests challenging an agency’s evaluation of proposals, our Office does not reevaluate proposals but instead examines the record to determine whether the agency’s judgment was reasonable and consistent with the solicitation’s evaluation criteria and applicable statutes and regulations. Williams Building Co. Inc., B-417210 et al., Mar.
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