Betty Foster Roofing, LLC (36C77621R0023)

B-419573.2 Jun 17, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Betty Foster Roofing, LLC (BFR), a service-disabled veteran-owned small business (SDVOSB) located in Mendon, Missouri, protests the corrective action taken in connection with request for proposals (RFP) No. 36C776-21-R-0023, which was issued by the Department of Veterans Affairs (VA), for a reroofing and resurfacing project at the Garland VA Medical Center (Garland VAMC) in Garland, Texas. BFR contends that the solicitation amendment issued as corrective action in response to BFR's prior protest was inadequate. The protester again objects to the agency's use of two-phase design-build selection procedures for this procurement and argues the amended solicitation still contains terms that are unduly restrictive of competition. We deny the protest. View Decision Decision Matter of:  Betty Foster Roofing, LLC File:  B-419573.2 Date:  June 17, 2021 Betty Foster, Betty Foster Roofing, LLC, for the protester. Deborah K. Morrell, Esq., and Jennifer Smith, Esq., Department of Veterans Affairs, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging agency’s decision to use two-phase design-build selection procedures is denied where the record does not demonstrate that the agency’s action violates regulation or its exercise of discretion was unreasonable. 2.  In a procurement conducted under two-phase design-build selection procedures, protest challenging various terms of the solicitation as unduly restrictive of competition is denied where agency articulated reasonable bases for the requirements. DECISION Betty Foster Roofing, LLC (BFR), a service-disabled veteran-owned small business (SDVOSB) located in Mendon, Missouri, protests the corrective action taken in connection with request for proposals (RFP) No. 36C776-21-R-0023, which was issued by the Department of Veterans Affairs (VA), for a reroofing and resurfacing project at the Garland VA Medical Center (Garland VAMC) in Garland, Texas.  BFR contends that the solicitation amendment issued as corrective action in response to BFR’s prior protest was inadequate.  The protester again objects to the agency’s use of two-phase design-build selection procedures for this procurement and argues the amended solicitation still contains terms that are unduly restrictive of competition We deny the protest. BACKGROUND The VA issued the RFP on December 30, 2020, under the two-phase design-build provisions of Federal Acquisition Regulation (FAR) subpart 36.3, and the solicitation was set aside for SDVOSB concerns.  RFP at 5, 39.[1]  The selected contractor will provide design and construction services for reroofing and resurfacing four selected roofing areas of the Garland VAMC, identified as:  the medical office building (approximately 22,000 square feet); the warehouse (approximately 20,000 square feet); roof A (approximately 43,000 square feet); and what the solicitation terms the “ED roof” (approximately 12,000 square feet).  Id. at 94.  The RFP anticipates the award of a single, fixed-price contract for a performance period of 365 calendar days after the notice to proceed.  Id. at 96.   The RFP includes various attachments, including attachment 1, titled “Request for Proposal to Design-Build.”  Id. at 50.  This attachment describes various specification requirements and other specific tasks to complete the project.  Attachment 2, titled “Garland Roof Replacement Statement of Work (SOW).”  Id. at 94.  This attachment describes the scope and objectives of the project.  Among other things, the SOW describes the roofing services as including:  an infrared aerial survey to determine the current roof leaks and status of the roofing system; development of a detailed roofing plan; and development of permanent designs, drawings, and plans.  Id.  The SOW also describes the architectural and engineering (A/E) design services to include:  developing overall roofing plans to identify what roofing system is on each roof and what system will replace the existing system; and providing an overall legend of all the roofing systems, identifying each roof by number, roof square footage, and type of roof terminations.  The SOW states that the design and construction plan may be staged into three phases to allow the roofing services to begin while the plans are being developed for later phases.  Id. at 95-96.  The RFP permits a joint venture to submit a proposal provided all joint venture partners are SDVOSB concerns.[2]  Id. at 50; see also, Contracting Officer Statement at 3.  Under phase I, offerors are instructed to submit proposals to address the following four evaluation factors, listed in descending order of importance:  (1) past performance; (2) key personnel experience; (3) technical approach; and (4) capability to perform.  Id.