Odin Construction Solutions, Inc. (140R4020R0015)

B-419793.3 Nov 03, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Odin Construction Solutions, Inc., a small business of Rocklin, California, asks that we reconsider our decision, Odin Construction Solutions, Inc., B-419793, B-419793.2, July 23, 2021, 2021 CPD ¶ 297. In that decision, we denied Odin's protest challenging the award of a contract to EWS/RSCI, LLC, of Gillette, Wyoming, also a small business, under request for proposals (RFP) No. 140R4020R0015, issued by the Department of the Interior, Bureau of Reclamation, for the Big Sandy Dam Reservoir Enlargement Project, near Farson, Wyoming. Odin argues that our decision was based on factual and legal error and an incomplete record, and asserts that our Office did not consider information in the record that warrants reversal of the decision. We deny the request for reconsideration. 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:  Odin Construction Solutions, Inc.--Reconsideration File:  B-419793.3 Date:  November 3, 2021 Daniel Foster, Esq., Wilke Fleury, LLP, for the requester. Jim Weiner, Esq., and Ryan A. Black, Esq., Department of the Interior, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration of prior decision is denied where the requesting party fails either to demonstrate that our decision contains errors of fact or law, or to present new information not previously considered that would warrant reversal or modification of prior decision.  DECISION Odin Construction Solutions, Inc., a small business of Rocklin, California, asks that we reconsider our decision, Odin Construction Solutions, Inc., B-419793, B-419793.2, July 23, 2021, 2021 CPD ¶ 297.  In that decision, we denied Odin’s protest challenging the award of a contract to EWS/RSCI, LLC, of Gillette, Wyoming, also a small business, under request for proposals (RFP) No. 140R4020R0015, issued by the Department of the Interior, Bureau of Reclamation, for the Big Sandy Dam Reservoir Enlargement Project, near Farson, Wyoming.  Odin argues that our decision was based on factual and legal error and an incomplete record, and asserts that our Office did not consider information in the record that warrants reversal of the decision. We deny the request for reconsideration. BACKGROUND The RFP, issued September 3, 2020, sought proposals from small businesses to perform various construction services, including the excavation and rehabilitation of existing dam and dike embankments.  Agency Report (AR), Contracting Officer’s Statement (COS) at 1.[1]  Award was to be made to the offeror whose proposal provided the best value to the government, based upon cost/price and the following four non‑cost/price factors:  technical capability, technical plan, master plan, and past performance.  AR, Tab 1, RFP at 72-73.  The first three factors were each divided into equally weighted subfactors.  Id.  The RFP specified that the non-cost/price evaluation factors, when combined, would be considered significantly more important than cost/price in determining best value.  Id. at 72. The agency received and evaluated six timely proposals.  COS at 4.  The agency held discussions and received final proposal revisions from Odin, EWS/RSCI and one other offeror.  Id.  The contracting officer determined that EWS/RSCI’s proposal, which was rated more highly than Odin’s under the past performance and master plan factors, represented the best value to the government notwithstanding its higher price.  AR, Tab 12, Post-Negotiation Memorandum (PNM) at 11.  Odin protested the award of the contract to EWS/RSCI with our Office, challenging the evaluation of its proposal under the past performance and master plan factors.  Odin also argued that the agency evaluated the proposals unequally under the technical plan, master plan, and past performance factors, and failed to conduct a reasonable tradeoff in selecting EWS/RSCI’s proposal at a higher cost/price for award. On July 23, 2021, our Office denied Odin’s protest, finding that the agency’s evaluation was reasonable.  After the issuance of our decision denying Odin’s protest, Odin requested that our Office reconsider our decision.  On August 13, Odin submitted a supplemental request for reconsideration based on “new information” the requester states it became aware of on August 3.  Supp. Req. for Recon. at 3.  DISCUSSION Odin requests reconsideration of the decision, asserting that we made numerous mistakes of fact and that we would have resolved the protest differently if we had considered relevant and material information.