Arkel International, LLC (19GE50-23-R-0042)

B-422014.2 May 22, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Arkel International, LLC, of Baton Rouge, Louisiana, protests the award of a contract to East Coast Technologies, LLC (ECT), of Gaithersburg, Maryland, under request for proposals (RFP) No. 19GE50-23-R-0042, issued by the Department of State (DOS) for construction services to renovate the chief of missions residence in Suva, Fiji. The protester contends that the agency's evaluation of the awardee's technical and price proposals was unreasonable. We deny the protest. View Decision Decision Matter of: Arkel International, LLC File: B-422014.2 Date: May 22, 2024 Adam Briscoe, Esq., and Todd R. Overman, Esq. Bass Berry & Sims, PLC, for the protester. Owen E. Salyers, Esq., and Douglas L. Patin, Esq., Bradley Arant Boult Cummings LLP, for East Coast Technologies, LLC, the intervenor. Tudo N. Pham, Esq., Department of State, 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 evaluation of awardee’s technical proposal is denied where the solicitation did not require proof of authorization to do business in country of performance at time of proposal submission, and agency reasonably evaluated awardee’s proposal in accordance with the terms of the solicitation. 2. Protest challenging awardee’s responsibility is dismissed where protester fails to meet GAO’s threshold for reviewing an agency’s affirmative responsibility determination. 3. Protest challenging evaluation of awardee’s price is denied, where agency’s price realism analysis was reasonable. DECISION Arkel International, LLC, of Baton Rouge, Louisiana, protests the award of a contract to East Coast Technologies, LLC (ECT), of Gaithersburg, Maryland, under request for proposals (RFP) No. 19GE50-23-R-0042, issued by the Department of State (DOS) for construction services to renovate the chief of missions residence in Suva, Fiji. The protester contends that the agency’s evaluation of the awardee’s technical and price proposals was unreasonable. We deny the protest. BACKGROUND On May 8, 2023, the agency issued the solicitation, seeking proposals for construction services for the renovation of the chief of missions residence in Suva, Fiji. Agency Report (AR), Tab 69, RFP at 12.[1] The agency contemplated awarding a fixed-price contract to the lowest-priced, technically acceptable (LPTA) offeror with a fair, reasonable, and realistic price. Id. at 133. The solicitation provided for the evaluation of proposals in stages. At the initial stage, the agency would review proposals to ensure each proposal was “complete in terms of submission of each required volume.” Id. Proposals remaining after the initial review would be evaluated for technical acceptability. Id. Technical acceptability would include a review of each element of the technical proposal identified in section L.5.5.3. of the RFP, which included: (1) performance schedule; (2) key personnel; (3) management information; (4) experience and past performance; (5) preliminary quality management program; (6) subcontracting; and (7) recruitment of third country nationals. Id. Finally, prices of all technically acceptable offers would be reviewed, and award would be made to the lowest-priced, technically acceptable responsible offeror. Id. at 135. Two proposals were received by the July 31, 2023, deadline. Id. at 142; AR, Tab 2, Contracting Officer’s Statement (COS) at 3. The agency found both proposals to be complete, and evaluated the proposals as follows:   Arkel ECT TECHNICAL Acceptable Acceptable Performance Schedule Acceptable Acceptable Key Personnel Acceptable Acceptable Management Information Acceptable Acceptable Experience and Past Performance Acceptable Acceptable Preliminary Quality Management Program Acceptable Acceptable Subcontracting Acceptable Acceptable Recruitment of Third Country Nationals Not Applicable Not Applicable PRICE $7,220,271.00 $4,678,793.20   COS at 5; AR, Tab 64, Final Technical Evaluation Panel (TEP) Consensus Memo at 1‑3; AR, Tab 66, Recommendation for Award at 4. On September 20, 2023, the agency made award to ECT as the lowest-priced, technically acceptable offeror. COS at 4. Arkel submitted a protest to our Office on September 26, challenging DOS’s evaluation of the awardee’s technical and price proposals. Id. In response, the agency notified our Office that it would take corrective action, and we dismissed the protest as academic on October 27. Arkel Int’l, LLC, B‑422014.1, Oct. 27, 2023 (unpublished decision). As part of the corrective action, the agency reevaluated both offerors’ technical proposals as well as ECT’s price proposal. COS at 4.