Bay West, LLC (ERSM-14-R-M0002)

B-418960.6,B-418960.7 Mar 03, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Bay West, LLC, a small business, of Saint Paul, Minnesota, and Bhate Zapata LLC (BZJV), a small business, of Birmingham, Alabama, request that our Office recommend that they be reimbursed the reasonable costs of filing and pursuing their protests (B-417787.1, and B‑417787.5; and B‑417787.2, B‑417787.3, and B‑417787.4, respectively) challenging the issuance of a task order to 3E-QRI SBJV, LLC (3E-QRI), a small business of Orlando, Florida, by the Department of the Army, Army Corps of Engineers, under request for proposals (RFP) No. ERSM-14-R-M0002, which was issued for environmental remediation services. Both requesters argue that they are entitled to reimbursement of their protest costs because the agency unduly delayed taking corrective action in response to their clearly meritorious protests. We deny the requests. 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:  Bay West, LLC--Costs; Bhate Zapata LLC--Costs File:  B-418960.6; B-418960.7 Date:  March 3, 2021 Douglas L. Patin, Esq., and Lisa A. Markman, Esq., Bradley Arant Boult Cummings LLP, for Bay West, LLC, and Joseph G. Martinez, Esq., Phillip R. Seckman, Esq., and K. Tyler Thomas, Esq., Dentons US LLP, for Bhate Zapata LLC, the requesters. David C. Brasfield, Jr., Esq. Department of the Army, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Requests that GAO recommend reimbursement of protest costs are denied where the initial protest arguments were not clearly meritorious, and where the agency took prompt corrective action in response to supplemental arguments. DECISION Bay West, LLC, a small business, of Saint Paul, Minnesota, and Bhate Zapata LLC (BZJV), a small business, of Birmingham, Alabama, request that our Office recommend that they be reimbursed the reasonable costs of filing and pursuing their protests (B‑417787.1, and B‑417787.5; and B‑417787.2, B‑417787.3, and B‑417787.4, respectively) challenging the issuance of a task order to 3E-QRI SBJV, LLC (3E-QRI), a small business of Orlando, Florida, by the Department of the Army, Army Corps of Engineers, under request for proposals (RFP) No. ERSM-14-R-M0002, which was issued for environmental remediation services.  Both requesters argue that they are entitled to reimbursement of their protest costs because the agency unduly delayed taking corrective action in response to their clearly meritorious protests. We deny the requests. BACKGROUND The Corps issued the solicitation on December 5, 2019, seeking proposals to provide environmental restoration services in Florida at Tyndall Air Force Base, Eglin Air Force Base, and Hurlburt Field.  RFP at 1, 9.[1]  The agency issued the solicitation to small business firms holding indefinite-delivery, indefinite-quantity (IDIQ) contracts awarded by the Corps, known as Regional Acquisition Environmental Tool (REAT) contracts.  Id. at 88.  The successful vendor will be required to achieve performance objectives for 74 installation restoration program sites.  Id. at 9.  The RFP anticipated the issuance of a fixed-price task order with a performance period of 6 years.  Id. at 3, 15-23, 103. The RFP advised that proposals would be evaluated on the basis of price and the following three factors, which were listed in descending order of importance:  (1) project technical approach, (2) project management approach, and (3) past performance.  Id. at 104.  For purpose of award, the non-price factors were “more important” than price.  Id. The Corps received proposals from three vendors, Bay West, BZJV, and 3E-QRI, by the closing date of March 18.  Contracting Officer’s Statement (COS) (Bay West) at 1; COS (BZJV) at 1.  The agency evaluated the vendors’ proposals as follows:[2]   Bay West BZJV 3E-QRI Project Technical Approach Unacceptable Acceptable Outstanding Project Management Approach Acceptable Unacceptable Outstanding Past Performance Satisfactory Confidence Satisfactory Confidence Satisfactory Confidence Price $20,975,937 $26,323,911 $49,459,911   SSDD at 41-42.[3] The contracting officer, who was also the source selection authority, concluded that 3E‑QRI’s proposal merited award.  Id.