Vet Industrial Inc. (N44255-18-R-5003)

B-419966 Oct 06, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Vet Industrial Inc., of Bremerton, Washington, protests the award of multiple indefinite-delivery, indefinite-quantity (IDIQ) construction contracts to six firms under request for proposals (RFP) No. N44255-18-R-5003, issued by the Department of the Navy, Naval Facilities Engineering Systems Command, for new construction, repair, alteration, demolition and renovation work. The protester challenges various aspects of the agency's evaluation and best-value tradeoff decision. We deny the protest in part and dismiss it in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of:  Vet Industrial Inc. File:  B-419966 Date:  October 6, 2021 Yuki Haraguchi, Esq., and Chidinma Okogbue, Esq., Holmes Pittman & Haraguchi, LLP, for the protester. Brian A. Darst, Esq., Brian A. Darst Attorney At Law, for Environet, Inc., the intervenor. Alan M. Mygatt-Tauber, Esq., Department of the Navy, for the agency. April Y. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is denied where the record shows that the agency’s best-value tradeoff decision was reasonable and consistent with the terms of the solicitation, and dismissed where protester is not an interested party to raise other challenges because, even if successful, the firm would not be next in line for award. DECISION Vet Industrial Inc., of Bremerton, Washington, protests the award of multiple indefinite-delivery, indefinite-quantity (IDIQ) construction contracts to six firms[1] under request for proposals (RFP) No. N44255-18-R-5003, issued by the Department of the Navy, Naval Facilities Engineering Systems Command, for new construction, repair, alteration, demolition and renovation work.  The protester challenges various aspects of the agency’s evaluation and best-value tradeoff decision. We deny the protest in part and dismiss it in part. BACKGROUND On March 28, 2019, the agency issued the RFP as a set-aside for service-disabled veteran-owned small businesses and historically underutilized business zone businesses.  The RFP sought contractors to provide new construction, repair, alteration, demolition and renovation work for facilities primarily in the Naval Facilities Engineering Systems Command Northwest area of responsibility.  The RFP contemplated the award of up to six multiple-award IDIQ construction contracts, each for a base year and four 1-year option periods, under which fixed-price task orders would be issued.  The maximum total value of the contracts to be awarded was $240 million.  AR, exh. 1, RFP at 1, 3; AR, exh. 2, RFP amend. 8.[2] The RFP established a two-phase process;[3] only phase two is relevant to this protest.  In phase two and in making the award decision, the agency would consider price, past performance,[4] and three technical factors:  corporate experience, safety, and technical solution.[5]  The three technical factors were approximately equal to each other and, when combined, were approximately equal to past performance.  The four non-price factors (the three technical factors and past performance), when combined, were approximately equal to price.  Award was to be made on a best-value tradeoff basis.  RFP at 9; RFP amend. 8 at 2. Under the price evaluation factor, the RFP instructed offerors to propose prices based on a “seed project,” which was also to be the first task order, for repairing heating systems.  The RFP also provided that the agency would evaluate proposals to determine fair and reasonable pricing using techniques such as comparison of proposed prices to each other and to the independent government estimate.  RFP amend. 8 at 2-3, 8. On or before the April 2, 2021 closing date for phase-two proposals, the agency received proposals from 14 offerors.  The agency evaluated the proposals from Vet Industrial and the six awardees as follows:   Overall Technical Past Performance Price Advanced Technology Construction Corporation Good Satisfactory Confidence $4,495,558 Environet Acceptable Satisfactory Confidence $3,446,610 I.E. Pacific Good Substantial Confidence $4,687,000 SeaPac Engineering Good Substantial Confidence $4,475,000 Shape Construction Good Substantial Confidence $4,240,803 Veterans NW Construction Good Substantial Confidence $4,494,500 Vet Industrial Good Substantial Confidence $5,967,576   AR, exh.