RKE Contractors (70B01C22R000001113)

B-421465.3 Jul 06, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights RKE Contractors, of Dexter, Missouri, protests the rejection of RKE's proposal by the Department of Homeland Security, U.S. Customs and Border Protection (CBP), pursuant to request for proposals (RFP) No. 70B01C22R000001113, to provide border infrastructure and technology. Protest at 1. RKE challenges the agency's determination that RKE's proposal failed to comply with the solicitation's requirements. 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: RKE Contractors File: B-421465.3 Date: July 6, 2023 Peter B. Ford, Esq., Katherine B. Burrows, Esq., and Lauren R. Brier, Esq., Piliero Mazza PLLC, for the protester. Kimberly L. Cohen, Esq., Department of Homeland Security, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably concluded that protester’s proposal failed to comply with the solicitation’s requirements; determined that the proposal was not among the most highly rated; and eliminated the proposal from further consideration. DECISION RKE Contractors, of Dexter, Missouri, protests the rejection of RKE’s proposal by the Department of Homeland Security, U.S. Customs and Border Protection (CBP), pursuant to request for proposals (RFP) No. 70B01C22R000001113, to provide border infrastructure and technology. Protest at 1.[1] RKE challenges the agency’s determination that RKE’s proposal failed to comply with the solicitation’s requirements. We deny the protest. BACKGROUND On December 20, 2022, the agency issued the RFP, seeking proposals to provide border infrastructure and technology along the southern border of the United States.[2] The solicitation stated that the agency intended to award several indefinite-delivery, indefinite-quantity (IDIQ) contracts[3] under which task orders will subsequently be competed. The solicitation further provided that the procurement would be conducted in two phases; stated that, in phase one, each offeror must demonstrate an acceptable level of “specialized experience and technical competence”;[4] and provided that “[o]nly the most highly qualified (rated) offerors from Phase I (up to 5 Offerors) will be invited to proceed into Phase Two.” AR, Tab 3, Initial RFP at 64-65. Initial proposals were submitted on January 10, 2023. In evaluating those proposals, the agency found that “many offerors . . . failed to follow” the solicitation instructions. AR, Tab 1, Contracting Officer’s Statement at 1. Accordingly, the agency amended the solicitation, “underlining requirements . . . to emphasize the information that offerors needed to include in their proposals” and, thereafter, requested submission of revised proposals. Id. As amended, the solicitation elaborated on the requirement that offerors demonstrate their experience, and the experience of their proposed key personnel, stating: It is important to the Government that the Offeror have acceptable specialized experience and technical competence on design-build construction projects similar in nature to the SOW [statement of work]. To show the required specialized experience and technical competence, the offeror must propose Key Personnel[[5]] who have the number of years of relevant experience that meet or exceed the minimum requirements below. The Offeror is to provide Point(s) of Contact (Name/Address/Phone/Email address) that can be used by the Government to verify each work experience listed: 1. Project Manager: The Project Manager (PM) shall have a minimum 8‑years of work experience specifically as a “Project Manager.” The work experiences must state the start and end dates as “Month/Year.” The work experiences Months/Years that overlap with other work experiences will not count toward the required 8 years of experience.[[6]] AR, Tab 5, RFP amend. 2 at 72. The amended solicitation further provided that each offeror must submit a resume for its proposed project manager, stating that the resume: “must show” that the proposed manager met the work experience requirements described above, and must “state the Point of Contact for each work experience.” Id. On January 24, the agency received revised proposals from [redacted] offerors, including RKE. RKE’s proposal included the resume for its proposed project manager and, under the heading “Relevant Project Experience/Technical Competence,” the resume listed several specific projects, identifying the start and end dates by month/year for each project, and providing the required point of contact information for each project. AR, Tab 8, RKE Revised Proposal at 108-110.