Aspen Ridge Construction & Consulting (W911SA24R2000)

B-422274 Mar 28, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Aspen Ridge Construction & Consulting (Aspen), a small business of Lilliwaup, Washington, protests the terms of request for proposals (RFP) No. W911SA24R2000, issued by the Department of the Army for construction services. The protester contends that the RFP's evaluation and award methodology are unclear. We deny the protest. View Decision Decision Matter of: Aspen Ridge Construction & Consulting File: B-422274 Date: March 28, 2024 Jeff Severin, for the protester. Major James S. Kim, Department of the Army, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably failed to respond to pre-proposal questions is denied where the protester does not demonstrate that the solicitation’s terms are otherwise inadequate, unclear, or ambiguous. DECISION Aspen Ridge Construction & Consulting (Aspen), a small business of Lilliwaup, Washington, protests the terms of request for proposals (RFP) No. W911SA24R2000, issued by the Department of the Army for construction services. The protester contends that the RFP’s evaluation and award methodology are unclear. We deny the protest. BACKGROUND On November 21, 2023, using the procedures of Federal Acquisition Regulation (FAR) part 15, the agency issued the solicitation for construction services to be provided at various U.S. Army Reserve properties in the “Buckeye (Ohio) Region.” Agency Report (AR), Tab 3, Initial RFP at 1.[1] The solicitation contemplates award of a single indefinite-delivery, indefinite-quantity (IDIQ) contract under which typical fixed-price orders may include “repair and maintenance of real property, repair and replacement of HVAC [heating, ventilation, and air conditioning], water, and sewer systems, paving, roofing, interior and exterior painting, ceiling repairs or replacements, repair or replacement of floor coverings, renovations, refurbishments, civil works and electrical repairs involving all of the building crafts and trades.” AR, Tab 4, RFP amend. 1 at 8 ¶ 8.g, 9 ¶ 13.a.1; Tab 6, RFP attach. 1, Revised Statement of Work (SOW) at 3 ¶ C.1.1. The awarded IDIQ contract will have a 5-year ordering period, a guaranteed minimum of “one project,” and a maximum value of $15 million. AR, Tab 3, Initial RFP at 11; Tab 4, RFP amend. 1 at 4 ¶ 3.a-b. The solicitation includes SOWs of three sample projects for which offerors are required to submit cost proposals that will be used in the technical evaluation, but not included as part of the price evaluation. AR, Tab 4, RFP amend. 1 at 8 ¶ Attachments b.1, 10 ¶ 13.c.3; see generally AR, Tabs 11-13, RFP attachs. TE-6 Sample HVAC SOW, TE-7 Sample Exterior & Interior Lighting SOW, and TE-8 Sample Parking Lot & Sidewalk Repairs SOW. The solicitation requires offerors to “demonstrate their ability to produce accurate, fair, and reasonable project line items by submitting three (3) sample projects utilizing RS Means.” AR, Tab 4, RFP amend. 1 at 9 ¶ 12. The agency explains that RS Means is a database that “contains more than 92,000 line-items,” and that the construction costs in the database are composed of “material, labor, and/or equipment prices and can be referenced at the unit, assembly, or square foot level of detail.” Contracting Officer’s Statement (COS) at 3 ¶ 7. The solicitation requires the successful contractor to use this same RS Means database as “[t]he approved UPB [unit price book]” for preparation of future task order cost proposals. AR, Tab 4, RFP amend. 1 at 5 ¶ 6.a, 6 ¶ 8.a-b; see also AR, Tab 6, RFP attach. 1 Revised SOW at ¶ C.1.3.a.1. In addition to the sample project SOWs, the solicitation includes a TE-2 Coefficient Spreadsheet that offerors are required to complete and submit for use in the evaluation of price. AR, Tab 4, RFP amend. 1 at 6 ¶ 8.c; see also AR, Tab 7, RFP attach. 2, TE-2 Coefficient Spreadsheet. The solicitation explains that the coefficient is a location-specific multiplier(s), developed and proposed by the Contractor, to be applied against the published UPB cost line items for the purpose of providing consideration to the Contractor for the following indirect costs: General and administrative and other overhead costs, insurance costs, bonding and alternative payment protection costs, protective clothing, equipment rental, and Contractor’s profit. Id. In sum, the solicitation establishes a payment structure for future orders under which the contractor’s direct costs will be fixed at the applicable RS Means unit price and the amount due for the contractor’s indirect costs will be determined by multiplying the direct line item UPB costs by the applicable coefficient.