DPR-RQ Construction, LLC (W9127S23R6045)

B-422081.2 Jan 23, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights DPR-RQ Construction, LLC, of Carlsbad, California, protests the issuance of a task order to StructSure Projects, Inc., of Kansas City, Missouri, under request for proposals (RFP) No. W9127S23R6045, issued by the Department of the Army, U.S. Army Corps of Engineers (Corps) for renovations to medical facilities. The protester challenges the agency's evaluation of proposals and best-value tradeoff decision. We deny the protest. View Decision Decision Matter of: DPR-RQ Construction, LLC File: B-422081.2 Date: January 23, 2025 Richard J. Pinto II, Esq., Marks & Pinto, LLP, for the protester. Reginald M. Jones, Esq., Nicholas T. Solosky, Esq., Robert D. Pratt, Esq., and Jung Hyoun Han, Esq., Fox Rothschild LLP, for StructSure Projects, Inc., the intervenor. Cristy Park, Esq., Department of the Army, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation under the technical concept, schedule, and price factors is denied where the record reflects that the agency’s evaluation was reasonable and consistent with the terms of the solicitation. DECISION DPR-RQ Construction, LLC, of Carlsbad, California, protests the issuance of a task order to StructSure Projects, Inc., of Kansas City, Missouri, under request for proposals (RFP) No. W9127S23R6045, issued by the Department of the Army, U.S. Army Corps of Engineers (Corps) for renovations to medical facilities. The protester challenges the agency’s evaluation of proposals and best-value tradeoff decision. We deny the protest. BACKGROUND The agency issued the RFP on June 14, 2023, pursuant to Federal Acquisition Regulation (FAR) subpart 16.5, to holders of the Corps’s Design-Build Initial Outfitting (DBIO) multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts. Contracting Officer’s Statement (COS) at 1; Agency Report (AR), Tab 3, RFP at 1.[1] The solicitation sought proposals for renovations to the Womack Army Medical Center Surgical Suite Expansion and Blood Donor Center at Fort Liberty, North Carolina. COS at 1. The solicitation contemplated the issuance of a single fixed-price task order with a maximum period of performance of 1440 days. AR, Tab 4e, RFP Instructions to Offerors; AR, Tab 4, RFP amend. 1 at 2. The RFQ established that award would be made on a best-value tradeoff basis considering the following evaluation factors, listed in descending order of importance: functional concept, schedule, past performance, and price. AR, Tab 4e, RFP Instructions to Offerors at 8‑10. All non-price factors, when combined, were significantly more important than price. Id. at 8. The functional concept and schedule factors would be evaluated using adjectival ratings (outstanding, good, acceptable, marginal, and unacceptable). Id. at 10. Past performance would be evaluated and assessed confidence ratings (substantial, satisfactory, limited, no, and neutral). Id. at 8. Price was to be evaluated for completeness and reasonableness. Id. at 7. The agency received three proposals by the August 10, deadline for receipt of submissions. COS at 2. On September 20, the Corps issued the order to StructSure. Id. at 3. Following notification of the award decision, DPR-RQ filed a protest with our Office challenging the agency’s evaluation of proposals and best-value decision. DPR‑RQ Constr., LLC, B-422081, Oct. 26, 2023 (unpublished decision). In response, the agency advised our Office that it intended to take corrective action; specifically, the agency stated it would reevaluate proposals and issue a new source selection decision. Id. We dismissed the protest as academic on October 26. Id. After conducting discussions with offerors and completing an evaluation of final proposal revisions, the agency summarized the results as follows:   DPR-RQ StructSure Functional concept Acceptable Outstanding Schedule Marginal Good Past performance Substantial Confidence Substantial Confidence Price $88,290,000 $104,995,154   AR, Tab 48, Source Selection Decision Document (SSDD) at 14. The contracting officer, who was the source selection authority (SSA), concluded that StructSure’s proposal represented the best value. Id. at 15. The SSA found StructSure’s proposal to be superior under the functional concept and schedule factors while assessing that DPR-RQ’s proposal presented increased “risk of unacceptable performance” because, among other things, DPR-RQ’s proposed operating room solution was “not user friendly and [did] not demonstrate a well-thought-out design.” Id. The SSA determined that StructSure’s proposal therefore merited its higher price. Id. On September 12, 2024, the Corps again selected StructSure for issuance of the order.