J&J Contractors, Inc. (W912WJ22R0004)

B-421370 Mar 30, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights J&J Contractors, Inc., of North Billerica, Massachusetts, challenges the decision by the Department of the Army, U.S. Army Corps of Engineers, to eliminate its proposal from the competitive range established in connection with request for proposals (RFP) No. W912WJ22R0004, which was issued for design-build services at Hanscom Air Force Base in Massachusetts. J&J Contractors argues that the agency unreasonably evaluated its proposal under the solicitation's small business participation factor and technical approach evaluation factor, and that the agency unreasonably failed to consider adverse past performance information concerning an offeror whose proposal was included in the competitive range. 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 redacted version has been approved for public release. Decision Matter of: J&J Contractors, Inc. File: B-421370 Date: March 30, 2023 Shane J. McCall, Esq., Nicole D. Pottroff, Esq., John L. Holtz, Esq., Stephanie L. Ellis, Esq., and Gregory P. Weber, Esq., Koprince Law, LLC, for the protester. Theresa A. Negron, Esq., and Robert D’Andrea, Esq., Department of the Army, for the agency. Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the assignment of a deficiency and an overall rating of unacceptable to the protester’s proposal under the small business participation evaluation factor is denied where the protester did not provide required past performance information, and where the agency was not obligated to consider information submitted in connection with an earlier phase of the competition. 2. Protest challenging the evaluation of the proposal of an offeror included in the competitive range is denied where the agency did not unreasonably fail to identify and consider what the protester contends is negative past performance information regarding that offeror. DECISION J&J Contractors, Inc., of North Billerica, Massachusetts, challenges the decision by the Department of the Army, U.S. Army Corps of Engineers, to eliminate its proposal from the competitive range established in connection with request for proposals (RFP) No. W912WJ22R0004, which was issued for design-build services at Hanscom Air Force Base in Massachusetts. J&J Contractors argues that the agency unreasonably evaluated its proposal under the solicitation’s small business participation factor and technical approach evaluation factor, and that the agency unreasonably failed to consider adverse past performance information concerning an offeror whose proposal was included in the competitive range. We deny the protest. BACKGROUND The Corps issued the solicitation on November 29, 2021, under the two-phase design-build procedures of Federal Acquisition Regulation (FAR) subpart 36.3 and the negotiated procurement procedures of FAR part 15. Agency Report (AR), Exh. 1, RFP at 1, 13.[1] The RFP sought proposals to design and construct the Nuclear Command Control and Communications (NC3) acquisitions management facility at Hanscom Air Force Base. Contracting Officer’s Statement & Memorandum of Law (COS/MOL) at 1. The solicitation anticipates the award of a fixed-price contract that will require completion of the facility within 1,460 calendar days. RFP at 1, 20. The estimated value of the procurement is between $25,000,000 and $100,000,000. Id. at 1. The solicitation stated that proposals would be evaluated in two phases. In phase 1 of the competition, proposals were to be evaluated based on two factors: (1) combined team experience and past performance, and (2) conceptual technical approach. Id. at 14. The RFP explained that offerors’ phase 1 proposals “must receive minimum ratings of ‘Acceptable’ for both Factors 1 and 2 to move on to Phase 2 for further consideration.” Id. The agency was to invite up to five offerors whose phase 1 proposals were found to be “the most highly qualified” to submit proposals for phase 2. Id. In phase 2 of the competition, proposals were to be evaluated based on three factors: (1) detailed technical approach, (2) small business participation document, and (3) price. Id. Award will be made to the offeror that submits “the best overall proposal in Phase 2 that is determined to be the best value to the Government, with appropriate consideration given to the technical and price proposals.” Id. The solicitation further advised that “[t]o receive consideration for award, a rating of no less than ‘Acceptable’ on the technical factors must be achieved.” Id. After submission and evaluation of J&J Contractors’ phase 1 proposal, in June 2022, the Corps invited J&J Contractors to submit a phase 2 proposal. COS/MOL at 2.