Renova-Sovereign JV II (W56ZTN21R0001)

B-421629 Jul 28, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Renova-Sovereign Joint Venture II, an 8(a) small business of Ocean Township, New Jersey, protests the decision to exclude its proposal from the competition under request for proposals (RFP) No. W56ZTN-21-R-0001, issued by the Department of the Army, for installation-wide support in maintaining compliance with all applicable Federal and State environmental laws and regulations. The protester contends that the solicitation contained a latent ambiguity, and that it was unreasonable for the agency to exclude its proposal from the competition based on the agency's interpretation of the ambiguous language. The protester also contends that its failure to provide pricing for contract line item number (CLIN) 0002 should have been waived. We deny the protest. View Decision Decision Matter of: Renova-Sovereign JV II File: B-421629 Date: July 28, 2023 Paulo Rodriguez Heyman for the protester. Wade L. Brown, Esq., Department of the Army, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s exclusion of protester’s proposal from the competition based on agency’s interpretation of allegedly ambiguous solicitation language is denied where the language in question is not ambiguous. 2. Protest alleging that protester’s failure to provide a price for a required contract line item should have been waived is denied where the agency was not obligated to waive the requirement. DECISION Renova-Sovereign Joint Venture II, an 8(a) small business of Ocean Township, New Jersey, protests the decision to exclude its proposal from the competition under request for proposals (RFP) No. W56ZTN-21-R-0001, issued by the Department of the Army, for installation-wide support in maintaining compliance with all applicable Federal and State environmental laws and regulations.[1] The protester contends that the solicitation contained a latent ambiguity, and that it was unreasonable for the agency to exclude its proposal from the competition based on the agency’s interpretation of the ambiguous language. The protester also contends that its failure to provide pricing for contract line item number (CLIN) 0002 should have been waived. We deny the protest. BACKGROUND On September 13, 2021, the agency issued the solicitation, in accordance with FAR part 15, seeking facility maintenance, construction, and demolition services to support the Army’s Environmental Division of the Directorate of Public Works in ensuring compliance with environmental laws and regulations.[2] Agency Report (AR), Tab 4, RFP at 16; Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2‑3. The RFP contemplated the award of multiple fixed-price indefinite‑delivery, indefinite‑quantity (IDIQ) contracts for a 1-year base period and four 1-year option periods. RFP at 10. The due date for receipt of proposals was November 23, 2021. COS/MOL at 2. The solicitation provided for the submission of proposals in four volumes: technical, past performance, price, and certifications and representations.[3] RFP at 137‑143. Proposals were to be evaluated based on technical, past performance, and price factors. RFP at 148. The solicitation provided that past performance was the most important factor and technical was the second most important factor. Id. When combined, past performance and technical were significantly more important than price. Id. The solicitation contemplated the award of approximately five contracts to the offerors whose proposals represented the best value to the agency, although the agency reserved the right to award more or less than five contracts. Id. The solicitation instructed offerors that their pricing would “be evaluated based on the total amount proposed for CLINs 0001 (Base Year), 0002 (“Seed Project”), 1001 (Option Year 1), 2001 (Option Year 2), 3001 (Option Year 3), and 4001 (Option Year 4) of Section B of the [standard form (SF)] 33.” The RFP further advised that “[p]ricing must be balanced between years and CLINs, and the pricing for the Seed Project Task Order proposed in CLIN 0002 must be reasonable.” Id. at 158. The agency received nine timely proposals, including one from Renova-Sovereign. COS/MOL at 2. Following the evaluation, the agency awarded contracts to four offerors; Renova-Sovereign’s proposal was not selected for award. Id. In evaluating Renova-Sovereign’s proposal, the source selection authority (SSA) stated that Renova-Sovereign proposed a total price of $5,045,240 for CLINs 0001, 1001, 2001, 3001, and 4001, but failed to include pricing for CLIN 0002. AR, Tab 12, Source Selection Decision at 39. The SSA concluded that by not proposing pricing for CLIN 0002, Renova-Sovereign did not follow the instructions of the RFP, rendering its proposal ineligible for award.