Castellano Cobra UTE MACC LEY 18-1982 (N62470-21-R-0010)

B-420429.4 Jun 17, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Castellano Cobra UTE MACC LEY 18-1982, of Rota, Spain, protests the corrective action taken by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC), in connection with the agency's issuance of a task order to Acciona CMS JV LLC, of Bargersville, Indiana, under solicitation No. N62470-21-R-0010, for base improvements in Rota, Spain. Castellano argues that the agency's corrective action is unreasonably limited in scope, and fails to address certain aspects of its earlier protest filed with our Office. We deny the protest in part and dismiss the protest in part. 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: Castellano Cobra UTE MACC LEY 18-1982 File: B-420429.4 Date: June 17, 2022 Lori Ann Lange, Esq., and Nick R. Hoogstraten, Esq., Peckar & Abramson, PC, for the protester. Casey J. McKinnon, Esq., and R. Dale Holmes, Esq., Cohen Seglias Pallas Greenhall & Furman PC, for Acciona CMS JV LLC, the intervenor. Ciara L. Miller, Department of the Navy, for the agency. Katherine I. Riback, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s proposed corrective action is dismissed as premature where the protest merely anticipates improper, prejudicial agency action. 2. Solicitation’s broad requirement that the “offeror/awardee” comply with Spanish law requirements is a matter of contract administration which GAO does not review under its bid protest function. DECISION Castellano Cobra UTE MACC LEY 18-1982, of Rota, Spain, protests the corrective action taken by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC), in connection with the agency’s issuance of a task order to Acciona CMS JV LLC, of Bargersville, Indiana, under solicitation No. N62470-21-R-0010, for base improvements in Rota, Spain. Castellano argues that the agency’s corrective action is unreasonably limited in scope, and fails to address certain aspects of its earlier protest filed with our Office. We deny the protest in part and dismiss the protest in part. BACKGROUND The Navy issued the subject task order under its multiple-award contract (MAC) for construction projects primarily in Rota Spain (Contract No. N62470-21-D-0011). The underlying MAC informed offerors that “Certificate of Classification requirements for future task orders will [be] published when those task orders are advertised.”[1] Req. for Dismissal, exh. 1, MAC at 38 and 83. [2] The MAC also stated the following: Requirements for future task orders will [be] published when those task orders are advertised. In the case of [a] Joint Venture offeror . . . at least one member of the Joint Venture must have the required Certificate of Classification. The Joint Venture member who has the Certificate of Classification must perform the majority of the work pertinent to the certification. The proposal must include information that demonstrates the commitment of the firm holding the certification to perform the majority of the work pertinent to that certification. Id. at 40. The agency issued a task order solicitation on July 22, 2021, to the MAC awardees for various Naval Station Rota base improvements in support of helicopter maritime strike wing operations. Req. for Dismissal, exh. 2, Task Order Solicitation at 2. The task order solicitation advised that the agency intended to award a fixed-price task order to “the offeror submitting the lowest total price proposal.”[3] Id. at 4. As relevant here, the task order solicitation required offerors to “[p]rovide the current Certificate of Classification as required in Item A.2,” and stated the following: Certificate of Classification: Offerors must hold an updated Certificate of Classification issued by the “Registro Oficial de Contratistas de Obras” of the “Ministerio de Economia y Hacienda” covering the following groups, subgroups, and categories. Proposals received from firms which do not have individually or jointly an appropriate Certificate of Classification shall be considered non-responsive. The certificate of classification must be included in the proposal package. Id. at 4. The task order solicitation also, under the heading “General Requirements,” advised offerors of the following: Compliance with Local Laws: Offeror/Awardee must comply with all Spanish Law requirements for certification and performing work in Spain. Id. at 3. The agency received timely proposals from several MAC holders, including Castellano and Acciona CMS. The agency evaluated proposals, and determined that Acciona CMS was the lowest-priced, responsible offeror. The task order was issued to Acciona CMS on December 15. Req.