Wolff-Mueller Government Services GmbH & Company KG (W912GB20R0010)

B-419431,B-419431.2 Feb 23, 2021 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-0010, 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 & Company KG File:  B-419431; B-419431.2 Date:  February 23, 2021 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 evaluation of the protester’s technical proposal is denied where the evaluation was reasonable and consistent with the terms of the solicitation. 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-0010, 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)-East RFP, on April 28, 2020, seeking proposals to provide real property support services at U.S. government facilities in the eastern region of Germany.  Agency Report (AR)[1], Tab 5, RFP, at 1, 56.[2]  The solicitation anticipated the award of an indefinite-delivery, indefinite-quantity JOC with a base period of 3 years and two 1-year options.  Id. at 56.  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-R-0007 for the same services in the western region of Germany, known as the JOC-West 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.[3]  Id. at 2.  The JOC-East RFP at issue here sought the replacement of a contract awarded to WMGS in 2018 for performance of similar services in the eastern region.  Id. 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.”  Id. at 17. The Corps received proposals from three offerors, including WMGS and BMS, by the closing date of June 5.  COS at 11.  The agency evaluated WMGS’s and BMS’s proposals as follows:[4]   WMGS BMS Management Approach Good Outstanding Past Performance Limited Confidence Substantial Confidence Price €12.15 million €12.86 million   AR, Tab 28, 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.