Layan Consultants, LLC (W912ER22R0041)

B-421358.2 Mar 30, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Layan Consultants, LLC, of Tysons, Virginia, protests the award of a contract to Versar, Inc., of Springfield, Virginia, under request for proposals (RFP) No. W912ER22R0041, issued by the Department of the Army, Army Corps of Engineers, for personnel to monitor construction projects throughout the Kingdom of Saudi Arabia. The protester challenges the agency's evaluation of its proposal, arguing that the Army unreasonably rated its proposal unacceptable under the two non-price evaluation factors. We deny the protest. View Decision Decision Matter of: Layan Consultants, LLC File: B-421358.2 Date: March 30, 2023 Moyassar Y. Mohammed, Layan Consultants, LLC, for the protester. Amy Fuentes, Esq., Christian Nagel, Esq., Jeremy D. Burkhart, Esq., and Sean Belanger, Esq., Holland & Knight LLP, for Versar, Inc., the intervenor. Megan O. Jorns, Esq., Michael Taccino, Esq., and Aimee L. Rippeon, Esq., Department of the Army, Army Corps of Engineers, for the agency. Hannah G. Barnes, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of its proposal under the quality control factor is denied where the evaluation was reasonable and consistent with the solicitation, and further challenges to the ratings of other factors leave undisturbed the proposal’s rating of unacceptable under the quality control factor, disqualifying the protester from receiving award on a lowest-price, technically acceptable (LPTA) basis. DECISION Layan Consultants, LLC, of Tysons, Virginia, protests the award of a contract to Versar, Inc., of Springfield, Virginia, under request for proposals (RFP) No. W912ER22R0041, issued by the Department of the Army, Army Corps of Engineers, for personnel to monitor construction projects throughout the Kingdom of Saudi Arabia. The protester challenges the agency’s evaluation of its proposal, arguing that the Army unreasonably rated its proposal unacceptable under the two non-price evaluation factors. We deny the protest. BACKGROUND The RFP was issued on August 15, 2022, under Federal Acquisition Regulation (FAR) part 12, acquisition of commercial items, and FAR subpart 13.5, simplified acquisition procedures. Agency Report (AR), encl. 2, RFP at 50. The RFP sought “qualified Saudi Local Nationals (LN), U.S. Citizens, and Other Country National (OCN) personnel to provide Quality Assurance Representatives (QAR) to monitor construction projects” throughout Saudi Arabia by providing program management, contract administration, project engineering, and quality assurance services. Id. at 93. The solicitation provided for award to be made on a lowest-price, technically acceptable (LPTA) basis, considering three factors: quality control, management approach, and price. Id. at 128-130. The solicitation cautioned that “[p]roposals shall completely and adequately address the [solicitation] requirements.” RFP at 126. As relevant here, under the quality control factor, the solicitation required offerors to submit a narrative describing the firm’s capability to perform construction quality control at sites throughout Saudi Arabia and to include sample resumes for QARs. Id. at 129. Specifically, the RFP advised offerors to submit a total of six sample resumes for quality assurance representatives, specifying that the resumes were for both LN and OCN junior-level, mid-level, and senior-level QARs.[1] Id. Both the protester and awardee submitted proposals by the October 17 due date. Memorandum of Law (MOL) at 4. On December 23, the agency notified the protester that its proposal had not been selected for award, explaining that Layan’s proposal had been rated unacceptable under both the quality control and management approach factors. Notice of Unsuccessful Offer at 1-2. The protester received a debriefing on January 12, 2023, during which it learned that its proposal was rated unacceptable because, among other things, it submitted sample resumes that failed to meet the specific requirements of the RFP. Debriefing at 1. On January 17, Layan filed this protest with our Office.[2] DECISION The protester argues, among other things, that the sample resumes it provided satisfied the solicitation’s requirements under the quality control factor. Protest at 2.