Global Pacific Design Builders, LLC (N40192-21-R-2800)

B-422211 Feb 01, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Global Pacific Design Builders, LLC (Global), a small business of Tamuning, Guam, protests its non-selection for award under request for proposals (RFP) No. N40192-21-R-2800, issued by the Department of the Navy, for design-build construction services. The protester contends the agency's evaluation of its proposal was unreasonable. 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: Global Pacific Design Builders, LLC File: B-422211 Date: February 1, 2024 David A. Rose, Esq., Rose Consulting Law Firm, for the protester. Rebecca J. Wrightson, Esq., Department of the Navy, for the agency. Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of the protester’s technical proposal is denied where the evaluation was reasonable and consistent with the terms of the solicitation. DECISION Global Pacific Design Builders, LLC (Global), a small business of Tamuning, Guam, protests its non-selection for award under request for proposals (RFP) No. N40192-21-R-2800, issued by the Department of the Navy, for design-build construction services. The protester contends the agency’s evaluation of its proposal was unreasonable. We deny the protest. BACKGROUND The agency issued the solicitation as a small business set-aside on May 11, 2021, pursuant to the two-phase design‑build procedures of Federal Acquisition Regulation (FAR) subpart 36.3. Agency Report (AR), Tab 3, RFP at 10.[1] The RFP contemplated the award of indefinite-delivery, indefinite-quantity (IDIQ) multiple-award task order contracts (MATOC), with a 5-year base period of performance, and three, 1-year option periods, with orders to be issued on a fixed-price basis. Id. at 72, 78. Through the RFP, the Navy sought construction, renovation, modernization, and routine repair and maintenance services at various federal and military facilities on Guam. Id. at 5. The competition would be conducted in two phases. During the first phase, the Navy would evaluate proposals considering four factors: technical approach; experience; safety; and past performance.[2] Id. at 11. The Navy would then select a maximum of 16 of the most highly qualified offerors for phase two consideration. Id. at 24; AR, Tab 9, Amendment 03 to the RFP at 2. Those offerors continuing to phase two would submit proposals and would be evaluated against two factors: technical solution to the seed project; and price.[3] RFP at 26. The solicitation provided for award on a best-value tradeoff basis, considering all factors other than the pass/fail technical approach factor. Id. The solicitation stated that the technical factors were of equal importance, and when combined, were equal to past performance. Id. The non-price factors, when combined, were approximately equal to price. Id. The solicitation advised that the “importance of price will increase if the Offerors’ non-price proposals are considered essentially equal in terms of overall quality, or if price is so high as to significantly diminish the value of a non-price proposal’s superiority to the Government.” Id. The RFP explained the Navy intended to award ten contracts but reserved the right to make fewer awards. Id. at 10. Global submitted its phase one proposal by the established due date and advanced to phase two of the competition. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 10. Following submittal of initial phase two proposals, the Navy engaged in discussions with phase two offerors. Id. at 12. Global submitted its phase two final revised proposal on August 25, 2023. Id. The following is a summary of Global’s final ratings:[4]   Global Technical Approach Acceptable Experience Good Safety Good Past Performance Satisfactory Confidence Technical Solution to Seed Project Good Price $24,127,113 (11th highest out of 15)   AR, Tab 31, Global’s Debriefing at 21, 30. The source selection advisory council (SSAC) ranked the phase two offerors by comparing the merits of their relative proposals; the Navy ranked Global’s proposal as 11th out of 15 phase two proposals. AR, Tab 26, Post-Discussions Phase Two SSAC Report at 12. As an example of the agency’s approach, the Navy compared the firm ranked as offering the 10th best proposal to Global.