Advanced Logistics Partners, Inc. (12305B23R0022)

B-422051.2,B-422051.3 Jun 04, 2024 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Advanced Logistics Partners, Inc., of Fallston, Maryland, a small business, protests the award of a contract to JB Contracting, Inc., of Beltsville, Maryland, also a small business, under request for proposals (RFP) No. 12305B23R0022, issued by the United States Department of Agriculture (USDA), Agricultural Research Service, for roof repairs in Beltsville, Maryland. The protester argues that the awardee's proposal should have been found technically unacceptable, and that the agency conducted unequal and non-meaningful discussions. 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: Advanced Logistics Partners, Inc. File: B-422051.2; B-422051.3 Date: June 4, 2024 Robert J. Symon, Esq., Nathaniel J. Greeson, Esq., Charles F. Blanchard, Esq., and Owen E. Salyers, Esq., Bradley Arant Boult Cummings LLP, for the protester. Adam Humphries, Esq., United States Department of Agriculture, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency misevaluated awardee’s proposal as acceptable is denied where the evaluation was reasonable and consistent with the solicitation criteria. 2. Protest that agency held unequal and non-meaningful discussions is denied where the record shows that both awardee and protester were provided the same information about the pricing of the requirement and given the same opportunity to revise their prices. DECISION Advanced Logistics Partners, Inc., of Fallston, Maryland, a small business, protests the award of a contract to JB Contracting, Inc., of Beltsville, Maryland, also a small business, under request for proposals (RFP) No. 12305B23R0022, issued by the United States Department of Agriculture (USDA), Agricultural Research Service, for roof repairs in Beltsville, Maryland. The protester argues that the awardee’s proposal should have been found technically unacceptable, and that the agency conducted unequal and non-meaningful discussions. We deny the protest. BACKGROUND The RFP, issued as a small business set-aside on August 18, 2023, contemplated the award of a fixed-price contract to replace a roof on a building at the Beltsville Agricultural Research Center. Award was to be made on a lowest-priced, technically acceptable basis to the firm with the lowest price rated “go/no go” under two equally weighted technical evaluation criteria: technical approach narrative and key personnel. Agency Report (AR), Tab 1, RFP at 42. Only the technical approach narrative evaluation is at issue in the protest. Under this criterion, offerors were to provide a narrative showing how the work would be accomplished. Id. The RFP stated that the narrative must show an understanding of the specific work and a feasible, realistic approach to complete the project in accordance with the statement of work. Id. For purposes of pricing, the solicitation included two contract line item numbers (CLINs): CLIN 0001 was for a lump sum unit price to replace the roofing system, replace the soffit and trim, and supply and install downspouts and paint fascia. CLIN 0002 was an optional CLIN for the removal, supply, and installation of 5/8-inch-thick wood sheathing (in 4x8-foot sheets) if more than 10 percent of the existing sheathing was damaged.[1] The unit for this optional item was 1 square foot. Id. at 5.[2] The RFP did not further describe how the price factor would be evaluated but incorporated the provision at Federal Acquisition Regulation (FAR) 52.217-5. Id. at 42. That provision states that the price evaluation would add the total price for all options to the total price for the basic requirement. FAR provision 52.217-5. As relevant here, paragraph 4.10 of the SOW provided: The contractor shall supply approximately 33,000 and install new polymer roof slate, min. 1/2-inch-thick as manufactured by Davinci Roof Scape or Eco Star Majestic Slate or Certain Teed Symphony Slate or an approved Equal, Slate Gray is the color and 12” width. The single width Slate shingle shall be installed on the building roof. The fasteners shall be 1 1/8” copper roofing ring shank roofing nail and shall penetrate a minimum of 1 1/8” into the wood decking surface. All shingles shall be installed in accordance with the manufacturer’s specifications.