Wolff & Mueller Government Services GmbH & Co. KG (W912GB-20-R-0007)

B-419181,B-419181.2 Dec 28, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Wolff & Mueller Government Services GmbH & Co. KG (WMGS), of Stuttgart, Germany, protests the award of a contract to JV JOC Germany BMS (BMS), of Goldbach, Germany, by the Department of the Army, Corps of Engineers, under request for proposals (RFP) No. W912GB-20-R-0007, which was issued for real property support services. WMGS argues that the agency unreasonably evaluated its proposal under the management approach and past performance factors. We deny the 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:  Wolff & Mueller Government Services GmbH & Co. KG File:  B-419181; B-419181.2 Date:  December 28, 2020 Seamus Curley, Esq., and Chelsea L. Goulet, Esq., Stroock & Stroock & Lavan LLP, for the protester. Jason Shippy, Esq., Katherine D. Denzel, Esq., Leslie M. Reed, Esq., and Maureen A. McAndrew, 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 1.  Protest challenging the assignment of a weakness to the protester’s technical proposal that was the result of an inadvertent transcription error from the evaluation in a related procurement is denied, where the record shows that the agency intended to assign a virtually identical weakness. 2.  Protest challenging the evaluation of the protester’s past performance is denied where the agency reasonably relied on information outside of the protester’s proposal in accordance with the terms of the solicitation, and where the protester does not establish that the agency unreasonably failed to consider relevant information. DECISION Wolff & Mueller Government Services GmbH & Co. KG (WMGS), of Stuttgart, Germany, protests the award of a contract to JV JOC Germany BMS (BMS), of Goldbach, Germany, by the Department of the Army, Corps of Engineers, under request for proposals (RFP) No. W912GB-20-R-0007, which was issued for real property support services.  WMGS argues that the agency unreasonably evaluated its proposal under the management approach and past performance factors.  We deny the protest. BACKGROUND The Corps issued the solicitation, known as the job order contract (JOC)-West RFP, on April 21, 2020, seeking proposals to provide real property support services at U.S. government facilities in the western region of Germany, Belgium, and the Netherlands.  Agency Report (AR)[1], Tab 5, RFP, at 1, 59.[2]  The solicitation anticipated the award of an indefinite-delivery, indefinite-quantity job order contract with a base period of 3 years and two 1-year options.  Id. at 59.  The maximum ordering value under the contract will be $95 million. Id.  The contractor will be required to provide the following services: [R]eal property repair and maintenance, environmental work, force protection work, and construction services which primarily address general building renovation, road and pavement repair, and general environmental work including, but not limited to, incidental minor construction, excavation, plumbing, demolition, electrical, structural, mechanical, concrete work, and environmental remedial work.  Project work may also include Force Protection type projects and other construction projects. Id. Along with this RFP, the agency also issued solicitation No. W912GB-20-D-0023 for the same services in the eastern region of Germany, known as the JOC-East RFP.  Contracting Officer’s Statement (COS) at 1-2.  The JOC-West RFP sought the replacement of a contract awarded to BMS in 2017 for performance of similar services in the western region.  Id. at 2.  The JOC-East RFP sought the replacement of a contract awarded to WMGS in 2018 for performance of similar services in the eastern region.  Id. at 2.  The solicitation stated that proposals would be evaluated on the basis of price and the following two non-price factors:  (1) management approach, and (2) past performance.  RFP at 19.  For purposes of award, the past performance factor was more important than the management approach factor, and these two factors, when combined, were “approximately equal in importance to price.”  RFP at 20. The Corps received proposals from WMGS and BMS by the closing date of June 5.  COS at 13.  The agency evaluated the proposals as follows:[3]   WMGS BMS Management Approach Good Outstanding Past Performance Limited Confidence Substantial Confidence Price €13.30 million €14.98 million   AR, Tab 35, SSDD at 6. The contracting officer, who was also the source selection authority, reviewed and agreed with the evaluations of the proposals, which were prepared by the technical evaluation board (TEB).  Id.