Bodell Construction Company (W9128F-20-R-0056)

B-419213,B-419213.2 Dec 28, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Bodell Construction Company, of Salt Lake City, Utah, protests the award of a contract to Nova Group, Inc., of Napa, California, under request for proposals (RFP) No. W9128F-20-R-0056, issued by the Department of the Army, Corps of Engineers, for the replacement of a hydrant fuel system at Ellsworth Air Force Base, South Dakota. Bodell argues that the agency misevaluated its proposal and failed to engage in equal discussions. 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:  Bodell Construction Company File:  B-419213; B-419213.2 Date:  December 28, 2020 Stowell B. Holcomb, Esq., Jackson Rosenfield LLP, for the protester. Stacy Birkel, Esq., Department of the Army, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging agency’s evaluation of proposals is denied where record shows agency’s evaluation was reasonable and in accordance with the terms of the solicitation and applicable statutes and regulations. 2.  Protest that agency engaged in unequal discussions is denied where record shows agency’s discussions were consistent among offerors; an agency is not required to discuss every weakness identified in a proposal that results in the proposal receiving less than the maximum possible score. DECISION   Bodell Construction Company, of Salt Lake City, Utah, protests the award of a contract to Nova Group, Inc., of Napa, California, under request for proposals (RFP) No. W9128F-20-R-0056, issued by the Department of the Army, Corps of Engineers, for the replacement of a hydrant fuel system at Ellsworth Air Force Base, South Dakota.  Bodell argues that the agency misevaluated its proposal and failed to engage in equal discussions. We deny the protest. BACKGROUND The RFP contemplates the award, on a best-value tradeoff basis, of a fixed-price contract for a type III hydrant fuel system to be installed at Ellsworth Air Force Base, South Dakota.  Proposals would be evaluated considering price and three non-price factors:  contractor qualifications, past performance, and small business participation plan.  Agency Report (AR), exh. 27, RFP at 38-39.  Contractor qualifications was the most important evaluation factor; past performance was the second most important factor; these two factors in combination were approximately equal to price, the third most important factor; and the small business participation plan factor was significantly less important than the first three factors.  Id.  The contractor qualifications factor had two equally weighted subfactors, prime contractor qualifications and subcontractor qualifications.[1]  Id.  The agency received three proposals, including those of the protester and awardee.  After evaluating proposals, engaging in limited discussions, and soliciting, obtaining and evaluating revised proposals, the agency arrived at the following evaluation results:   Bodell Nova Offeror A Factor 1 Overall Acceptable Good Good Contractor Qualifications Acceptable Good Good Subcontractor Qualifications Acceptable Good Good Past Performance Relevant Satisfactory Confidence Very Relevant Substantial Confidence Very Relevant Substantial Confidence Small Business Participation Acceptable Acceptable Acceptable Price $20,238,690 $22,286,500 $22,723,000   AR, exh. 9, Source Selection Decision Document Addendum, at 3.  On the basis of these results, the agency selected Nova for award, concluding that its technically superior proposal offered the best overall value to the government.  Id.