Hawthorne Commercial Construction (36C24123R0073)

B-422032.3 Jul 01, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Hawthorne Commercial Construction, LLC, a service-disabled veteran-owned small business of Chelmsford, Massachusetts, requests reconsideration of our decision, Hawthorne Com. Constr., LLC, B-422032.2, Apr. 4, 2024 (unpublished decision), wherein our Office dismissed as untimely the protester's challenge to the Department of Veterans Affairs (VA)'s determination that its proposal in response to request for proposals (RFP) No. 36C24123R0073 was non-compliant with the terms of the solicitation. Hawthorne argues that our Office should reconsider its allegations because it asserts its protest was timely. We deny the request for reconsideration. View Decision Decision Matter of: Hawthorne Commercial Construction, LLC--Reconsideration File: B-422032.3 Date: July 1, 2024 Peter A. Ianuzzi, for the protester. Brian Reed, Esq., Department of Veterans Affairs, for the agency. Cosette Vincent and Todd C. Culliton, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration is denied where the record shows that our Office did not make any factual or legal error when dismissing the protest as untimely. DECISION Hawthorne Commercial Construction, LLC, a service-disabled veteran-owned small business of Chelmsford, Massachusetts, requests reconsideration of our decision, Hawthorne Com. Constr., LLC, B-422032.2, Apr. 4, 2024 (unpublished decision), wherein our Office dismissed as untimely the protester's challenge to the Department of Veterans Affairs (VA)'s determination that its proposal in response to request for proposals (RFP) No. 36C24123R0073 was non-compliant with the terms of the solicitation. Hawthorne argues that our Office should reconsider its allegations because it asserts its protest was timely. We deny the request for reconsideration. BACKGROUND On July 27, 2023, the VA issued the RFP for construction services. Req. for Dismissal, exh. 1, RFP at 1. The RFP was for a multiple award task order contract (MATOC) to provide on-going facilities construction, alterations, and repair of buildings, structures, and other real property. Id. at 1, 7. Such work would relate to civil, mechanical, plumbing, structural, electrical, heating, roofing, site work, heating ventilation and air conditioning. Id. at 7. The agency intended to award approximately 20 MATOC indefinite-delivery, indefinite-quantity construction contracts, each with a maximum limit of $100 million over a 5-year period, whichever comes first. Id. at 1, 7-8. The RFP also described a contract “seed” project, installing site security at a VA campus.[1] RFP at 8. The RFP explained that the project “will be utilized for price evaluation and is expected to be awarded as a Task Order in FY [(fiscal year)] 24.” Id. Further, the solicitation advised that “[a] bid bond is not required for the overall MATOC RFP. However, a bid bond is required for the seed project.” Id. at 1. On August 9, 2023, the VA issued solicitation amendment 0003, advising that “[i]f an offeror has no interest in award of the seed project, the proposal must state ‘For price evaluation purposes only' and a bid bond is not required.” Resp. to Req. for Dismissal, exh. 6, RFP amend. 0003 at 1. On November 17, the VA issued solicitation amendment 0016, changing the approach to the bid bond set forth in amendment 0003. Req. for Dismissal, exh. 2, RFP amend. 0016 at 1. The RFP now advised that “[t]o be considered for a MATOC, all offerors must submit a proposal and bid bond on the seed project.” Id. The VA also extended the solicitation period to December 13. Id. On December 6, the agency issued amendment 0017, which included responses to several offeror requests for information. As relevant here, the amendment included the following exchange: 4. Is a Bid Bond required if the Contractor does not want to be considered for award of “The Install Site Security Project,” and would only like to be considered for award of the MATOC? Response: To be considered for the MATOC, all offerors must submit a proposal and bid bond on the seed project. Note, the new Instructions require all offerors to submit binding proposals and bid bonds for the seed project. Req. for Recon., attach. 3, RFP, amend. 0017 at 1; Req. for Recon., attach. 4, Request for Information Responses at 1. On December 8, the agency confirmed that proposals were due on December 13. Req. for Recon., attach. 5, RFP, amend. 0018 at 1. Hawthorne submitted a proposal prior to the close of the solicitation period. Hawthorne Com. Constr., LLC, supra at 2. On January 23, 2024, the VA notified Hawthorne that its proposal was non-compliant. Req. for Dismissal, exh. 4, Notice of Non-Compliance at 1.