Framaco-Bozdemir JV, LLC (72066821R00014)

B-420708.2,B-420708.3,B-420708.4 Aug 29, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Framaco-Bozdemir JV, LLC (FB-JV), of Rye Brook, New York, protests the decision by the United States Agency for International Development (USAID) not to consider its revised proposal prepared pursuant to request for proposals (RFP) No. 72066821R00014, issued for design and construction services in Juba, South Sudan. The protester contends it timely submitted its revised proposal in accordance with the solicitation's submission instructions, and USAID acted unreasonably in failing to consider the firm's proposal. 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 version has been approved for public release. Decision Matter of: Framaco-Bozdemir JV, LLC File: B-420708.2; B-420708.3; B-420708.4 Date: August 29, 2022 Douglas L. Patin, Esq., and Lisa A. Markman, Esq., Bradley Arant Boult Cummings LLP, for the protester. Anuj Vohra, Esq., Robert J. Sneckenberg, Esq., and Issac D. Schabes, Esq., Crowell & Moring LLP, for PAE Government Services, Inc., the intervenor. John B. Alumbaugh, Esq., and Eugene Benick, Esq., United States Agency for International Development, for the agency. Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably failed to consider protester’s proposal is denied where the protester did not submit its proposal in accordance with the stated submission instructions. DECISION Framaco-Bozdemir JV, LLC (FB-JV), of Rye Brook, New York, protests the decision by the United States Agency for International Development (USAID) not to consider its revised proposal prepared pursuant to request for proposals (RFP) No. 72066821R00014, issued for design and construction services in Juba, South Sudan. The protester contends it timely submitted its revised proposal in accordance with the solicitation’s submission instructions, and USAID acted unreasonably in failing to consider the firm’s proposal. We deny the protest. BACKGROUND The agency issued the solicitation on March 24, 2021, pursuant to the two-phase design-build procedures in Federal Acquisition Regulation subpart 36.3. Agency Report (AR) Tab 2, RFP at 1.[1] The RFP contemplated the award of a single fixed-price contract for complete design and construction services related to an electrical upgrade at the U.S. embassy in Juba, South Sudan. Id. at 3. In phase one of the competition, USAID would evaluate submitted proposals against four factors, all of which were accorded equal weight: (1) design phase technical approach; (2) technical qualifications; (3) rapid mobilization plan; and (4) past performance. Id. at 76. The solicitation explained that following USAID’s phase one evaluation, up to five of the most highly evaluated proposals would be invited to submit phase two proposals. Id. In phase two, proposals would be evaluated against three factors: (1) construction phase technical approach; (2) management and staffing plan; and (3) key personnel. Id. at 77‑78. Price would be evaluated for reasonableness in phase two of the competition. Id. at 78. The RFP provided for award on a best-value tradeoff basis. Id. Following the submission and evaluation of phase one proposals, on September 20, USAID invited FB-JV, among other offerors, to submit a phase two proposal. AR, Tab 4, FB-JV Phase Two Request Letter at 1. On January 23, 2022, USAID notified FB-JV that its proposal was included in the agency’s competitive range under phase two of the competition, and entered into discussions with the protester. AR, Tab 10, Discussions Letter at 1. The agency invited FB-JV to submit a final revised proposal, and directed that the protester’s response be submitted to email addresses for Ms. X (a senior contract specialist) and Mr. Y (a contract specialist), with a courtesy copy to Ms. Z (the contracting officer).[2] Id. at 6. The protester submitted its revised phase two proposal to these email addresses on February 8. AR, Tab 11, FB-JV’s Revised Proposal. On April 19, USAID notified FB-JV that it was not selected for award. AR, Tab 15, FB-JV Notification Letter at 1. Following a debriefing, FB-JV filed a protest with our Office on April 25, challenging the USAID’s evaluation of its proposal. We dismissed FB-JV’s protest as academic based on the agency’s stated corrective action, which included a quality control review of the procurement and the issuance of a new source selection decision. Framaco-Bozdemir JV, LLC, B-420708, May 12, 2022 (unpublished decision). On May 17, the agency issued a request to FB-JV for a revised phase two proposal. AR, Tab 18, Req. for Final Revised Phase Two Proposal at 1.