G-W Management Services, LLC (N4008023R0007)
Case: B-421886
Agency: Department of the Navy : Naval Facilities Engineering Command
Protester: G-W Management Services, LLC
Date: 2023-11-08
Denied
B-421886,B-421886.2
Nov 08, 2023
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Highlights
G-W Management Services, LLC, of Rockville, Maryland, protests the award of a contract to Encon Desbuild JV3, LLC, of Hyattsville, Maryland, under request for proposals (RFP) No. N4008023R0007, issued by the Department of the Navy, Naval Facilities Engineering Command, for construction services at the Marine Corps base in Quantico, Virginia. The protester contends the agency unreasonably evaluated the protester's technical proposal and conducted a flawed source selection decision.
We deny the protest.
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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: G-W Management Services, LLC
File: B-421886; B-421886.2
Date: November 8, 2023
Herman M. Braude, Esq., Braude Law Group, P.C., for the protester.
Erik M. Coon, Esq., Lisa A. Markman, Esq., and Douglas L. Patin, Esq., Bradley Arant Boult Cummings LLP, for Encon Desbuild JV3, LLC, the intervenor.
Ann L. Giddings, Esq., and Kimberly Fedinatz, Esq., Department of the Navy, for the agency.
Emily R. O’Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the agency’s technical evaluation of the protester’s proposal is denied where the record shows that the agency reasonably evaluated the protester’s proposal as technically unacceptable for failing to meet an experience requirement.
2. Protester is not an interested party to challenge the agency’s best-value tradeoff decision where the agency reasonably found the protester’s proposal to be ineligible for award.
DECISION
G-W Management Services, LLC, of Rockville, Maryland, protests the award of a contract to Encon Desbuild JV3, LLC, of Hyattsville, Maryland, under request for proposals (RFP) No. N4008023R0007, issued by the Department of the Navy, Naval Facilities Engineering Command, for construction services at the Marine Corps base in Quantico, Virginia. The protester contends the agency unreasonably evaluated the protester’s technical proposal and conducted a flawed source selection decision.
We deny the protest.
BACKGROUND
The solicitation, issued on November 23, 2022, sought a fixed-price contract for the construction of a vehicle inspection and visitor control center at the Marine Corps base in Quantico, Virginia. RFP at 1, 24.[1] Among other things, the contractor would be responsible for the construction of: a visitor control center; a commercial vehicle inspection building; a four-bay commercial vehicle inspection canopy; and a sentry booth that provides pass and identification services to visitors and government employees. Id. at 24.
Award was to be made on a best-value tradeoff basis, considering price and the following non-price factors: experience, safety, small business utilization, and past performance. Id. at 28. All technical factors (experience, safety, and small business utilization), when combined, were of equal importance to past performance, and all non‑price factors, when combined, were approximately equal to price.[2] Id. at 29.
The agency received three proposals in response to the RFP. On January 23, 2023, the source selection evaluation board (SSEB) conducted its initial evaluation of proposals. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 3. The agency then established a competitive range and conducted discussions with offerors within the range, including G-W Management. Id. at 4; Protest, exh. 4, Discussion Letter at 1. At the close of discussions, the Navy requested revised technical proposals from offerors by May 12, and final proposal prices by June 5. Protest, exh. 4, Discussion Letter; AR, Exh. 9, Req. for Final Revised Prices at 1. G‑W Management submitted its revised technical proposal, as well as its final proposed prices by the respective deadlines. AR, Exh. 6, Protester Revised Technical Proposal; AR, Exh. 10, Protester Final Revised Price.
On August 2, the Navy notified G-W Management that award had been made to Encon Desbuild for $22,643,738.86. AR, Exh. 12, Contract Award at 2. After receiving a debriefing on August 10, G-W Management filed this protest with our Office on August 14. COS/MOL at 4-5.
DISCUSSION
G-W Management primarily contends that the agency’s evaluation of its technical proposal under the experience factor was unreasonable and that the agency’s tradeoff decision was flawed.[3] Protest at 4-6. We have reviewed the record and find no basis to sustain the protest.
Protester’s Experience
G-W Management argues that the agency’s evaluation of its experience was unreasonable because the protester had submitted references that were similar in size, scope, and complexity to the current requirement. Protest at 4.
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