4K Global-ACC JV, LLC (W912HN24R3006)

B-423092 Jan 15, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 4K Global - ACC JV, LLC (4K Global), a small business of Augusta, Georgia, protests the award of a contract to Roundhouse PBN - Tepa EC 2 JV (Roundhouse PBN), a small business of Warner Robins, Georgia, under solicitation No. W912HN24R3006, issued by the Department of the Army, Corps of Engineers (Corps) for building repairs. The protester contends that the agency unreasonably found the firm's proposal ineligible for award. 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: 4K Global-ACC JV, LLC File: B-423092 Date: January 15, 2025 Joey R. Floyd, Esq., Bruner, Powell, Wall & Mullins, LLC, for the protester. Peter B. Ford, Esq., Eric A. Valle, Esq., and Kelly A. Kirchgasser, Esq., PilieroMazza, PLLC, for Roundhouse PBN - Tepa EC 2 JV, the intervenor. Phillip T. Paradise, 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 rejection of the protester’s proposal is denied where the agency reasonably concluded that the protester’s project labor agreement did not meet minimum requirements. DECISION 4K Global - ACC JV, LLC (4K Global), a small business of Augusta, Georgia, protests the award of a contract to Roundhouse PBN - Tepa EC 2 JV (Roundhouse PBN), a small business of Warner Robins, Georgia, under solicitation No. W912HN24R3006, issued by the Department of the Army, Corps of Engineers (Corps) for building repairs. The protester contends that the agency unreasonably found the firm’s proposal ineligible for award. We deny the protest. BACKGROUND On August 4, 2024, the Corps issued the request for proposals (RFP) as a small business set-aside, using the procedures of Federal Acquisition Regulation (FAR) part 15. Agency Report (AR) Tab 3, RFP at 1.[1] The agency sought proposals for hazards abatement and repairs of the barracks at Fort Moore, Georgia, including exterior and interior walls; windows and doors; plumbing; heating, ventilating, and air conditioning; electrical systems; and elevators. Id. at 3-4; Contracting Officer’s Statement (COS) at 1. The solicitation contemplated award of a single fixed-price contract with a maximum period of performance of 840 days. RFP at 1. The solicitation provided for award to be made on a lowest-price, technically acceptable basis. Id. Relevant here, offerors were required to submit “a Project Labor Agreement [(PLA)] in accordance with FAR provision 52.222-33 and FAR clause 52.222-34.” Id. The solicitation advised that “[t]o be considered eligible for award, the Government will verify that each offeror has submitted a PLA that meets the minimum requirements outlined in FAR 52.222-33(c).” Id. at 8; see also id. at 14 (same under RFP’s basis for award). The agency received proposals from three offerors by the September 11 deadline for submission of proposals. COS at 1-2. The contracting officer, who served as the source selection authority (SSA), reviewed offerors’ PLAs, and found that 4K Global’s PLA did “not meet the minimum requirements” identified in FAR provision 52.222-33(c) and 4K Global’s proposal was therefore “ineligible for award.” AR, Tab 5, Source Selection Decision Document (SSDD) at 10-11. After finding Roundhouse PBN’s proposal was technically acceptable and that the offeror’s PLA met the minimum requirements, the agency awarded the contract to Roundhouse PBN as the lowest-price, technically acceptable proposal. On September 28, the Corps notified 4K Global that its proposal was not selected for award because the firm’s PLA “did not comply” with the requirements of the FAR. AR, Tab 6, Notification of Unsuccessful Offeror at 1-2. After receiving a debriefing, the protester filed this protest with our Office. DISCUSSION The protester challenges the agency’s determination that the firm’s PLA did not meet the minimum requirements for such an agreement. Protest at 2-6. The agency defends its conclusion, asserting that the Corps reasonably deemed 4K Global’s proposal ineligible for award because the firm’s proposed PLA did not meet the requirements specified in the solicitation. Memorandum of Law (MOL) at 2-11. In reviewing a protest challenging an agency’s evaluation of proposals, our Office will not reevaluate proposals nor substitute our judgment for that of the agency regarding a proposal’s relative merits, as the evaluation of proposals is a matter within the agency’s discretion. Peraton, Inc., B-417088, B-417088.2, Feb. 6, 2019, 2019 CPD ¶ 190 at 5; Del-Jen Educ. & Training Group/Fluor Fed. Sols. LLC, B-406897.3, May 28, 2014, 2014 CPD ¶ 166 at 8.