Graham Services, LLC (W912P521B0001)

B-419588,B-419588.2 May 12, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Graham Services, LLC (Graham), a historically underutilized business zone (HUBZone) small business of Smithville, Tennessee, protests the award of a contract to NuGate Group, LLC (NuGate), a HUBZone small business of San Jose, California, under invitation for bids (IFB) No. W912P521B0001, issued by the Department of the Army, Army Corps of Engineers (Corps), for operation and maintenance services. The protester argues that the awardee failed to satisfy one of three definitive responsibility criteria detailed in the solicitation. 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:  Graham Services, LLC File:  B-419588; B‑419588.2 Date:  May 12, 2021 Lynn Patton Thompson, Esq., Biggs, Pettis, Ingram & Solop, PLLC, for the protester. Adam K. Lasky, Esq., and Bret C. Marfut, Esq., Seyfarth Shaw LLP, for NuGate Group, LLC, the intervenor. Johanna L. Anderson, Esq., Department of the Army, for the agency. Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest alleging that awardee lacks requisite experience to satisfy a definitive responsibility criterion is denied where the awardee submitted evidence of experience from which the contracting officer could reasonably conclude that the criterion had been satisfied. 2.  Protest alleging awardee failed to meet other definitive responsibility criteria and challenging the agency’s review of documentation submitted to support satisfaction of all definitive responsibility criteria is dismissed as untimely where the allegations were raised more than 10 days from the time the protester knew, or should have known, of its basis of protest. DECISION   Graham Services, LLC (Graham), a historically underutilized business zone (HUBZone) small business of Smithville, Tennessee, protests the award of a contract to NuGate Group, LLC (NuGate), a HUBZone small business of San Jose, California, under invitation for bids (IFB) No. W912P521B0001, issued by the Department of the Army, Army Corps of Engineers (Corps), for operation and maintenance services.  The protester argues that the awardee failed to satisfy one of three definitive responsibility criteria detailed in the solicitation.  We deny the protest.  Background The Corps issued the IFB on November 2, 2020, as a set‑aside for HUBZone small business concerns, contemplating the award of a requirements contract with a base period of 1 year and four 1‑year options.  Agency Report (AR), Tab 5, IFB at 1‑4, 92.  The IFB explained that the prospective contractor would “furnish all necessary management, supervision, inspection, personnel, materials, supplies, parts, tools, tool related hardware, equipment, transportation, vehicles, and fuel except as otherwise provided [], required to perform mowing, cleaning, janitorial, and other maintenance and operations services at the Old Hickory Lake project recreation areas[.]”  Id. at 5.  Award was to be made to the responsible bidder who submitted the lowest‑priced responsive bid.  Id. at 92. The IFB contained three definitive responsibility criteria.  Id. at 102.  The solicitation advised that the apparent low bidder would be required to satisfy each of the three criteria, all of which related to the bidder’s prior experience with specific facilities maintenance services.  Id.  The IFB explained that after bid opening, the agency would request documentation supporting the apparent low bidder’s satisfaction of the definitive responsibility criteria.  Id.  The IFB was amended twice, and the final bid opening time was set for 10:00 a.m., Central Time, December 11, 2020.  AR, Tab 6, IFB amend. 0001 at 1; AR, Tab 7, IFB amend. 0002 at 1.  The Corps received three bids in response to the IFB, one from Graham, one from NuGate, and one from M&P Services, Inc. (M&P), a HUBZone small business of Nashville, Tennessee.  AR, Tab 21, Bid Abstract at 1‑2.  The agency conducted a public bid opening virtually on December 11, and read the following results aloud:      Graham NuGate M&P Total Price $7,112,111 $7,021,682 $7,595,957   Contracting Officer’s Statement (COS) at 2; AR, Tab 21, Bid Abstract at 1‑2.  NuGate was determined the apparent low bidder.  COS at 2. On December 15, NuGate provided the Corps with documentation to demonstrate that it met the IFB’s definitive responsibility criteria.  Id.  A technical review team considered NuGate’s documentation and determined that NuGate satisfied all three definitive responsibility criteria.  AR, Tab 16, Technical Review Memorandum at 1‑4.