ECC Infrastructure, LLC (N4019224R2004)

B-423143,B-423143.2 Jan 27, 2025 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights ECC Infrastructure, LLC, of Burlingame, California, protests the Department of the Navy's issuance of a task order to TPC-NAN Joint Venture, pursuant to request for proposals (RFP) No. N40192-24-R-2004, for the design and construction of waterfront repairs at Apra Harbor, Naval Base Guam. ECC challenges the agency's evaluation of its proposal, including the agency's assessment of deficiencies. Supp. Consolidated Protest at 8-27. We deny the protest. View Decision Decision Matter of: ECC Infrastructure, LLC File: B-423143; B-423143.2 Date: January 27, 2025 Richard B. Oliver, Esq., J. Matthew Carter, Esq., and Aleksey R. Dabbs, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Robert Nida, Esq., Nida & Romyn, PC, for TPC-NAN Joint Venture, the intervenor. Rebecca J. Wrightson, Esq., Department of the Navy, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that protester’s proposal failed to comply with material solicitation requirements, thereby rendering the proposal ineligible for award. DECISION ECC Infrastructure, LLC, of Burlingame, California, protests the Department of the Navy’s issuance of a task order to TPC-NAN Joint Venture, pursuant to request for proposals (RFP) No. N40192-24-R-2004, for the design and construction of waterfront repairs at Apra Harbor, Naval Base Guam. ECC challenges the agency’s evaluation of its proposal, including the agency’s assessment of deficiencies. Supp. Consolidated Protest at 8-27.[1] We deny the protest.[2] BACKGROUND In May 2024, pursuant to subpart 16.5 of the Federal Acquisition Regulation, the agency issued the RFP to five contractors (including ECC) that were previously awarded waterfront multiple-award Navy construction contracts. See Agency Report (AR), Tab 3, RFP at 1; Tab15, RFP amend. 0007 at 11. The solicitation sought proposals for the design and construction of “a Waterfront Structure System . . . as specified throughout this RFP.” AR, Tab 3, RFP at 3. More specifically, the solicitation sought proposals for “repairs to the Admiral Glass Breakwater armor, repairs to rock revetment along Polaris Point . . . and repairs to the Sumay Cove Marina.” Tab 6, RFP Parts 2-5 at 10. Among other things, the RFP sought proposals for the “fabrication and installation [of] Concrete Armor Units (CAU) on the Glass Breakwater, revetment, shoreline stabilization, and marina slip repair and replacement.” Id. at 352. In this context, the applicable engineering system requirements (ESR) and performance technical specifications (PTS) contained various requirements and specifications including, of particular relevance here, multiple references to the use of “marine concrete.”[3] Id. at 363‑483. For example, under the heading “Contractor-Furnished Concrete Mix Design,” the ESR states that precast concrete floats “shall conform to Unified Facilities Guide Specifications (UFGS) section 03 31 30, ‘Marine Concrete.’” Id. at 373. Similarly, under the heading “[Wave] Attenuator Material of Construction,” the ESR states: “Precast/prestressed concrete elements . . . shall conform to the Unified Facilities Guide Specifications (UFGS) Section 03 31 30, Marine Concrete, American Concrete Institute (ACI) Standard 318, Building Code Requirements for Structural Concrete.” Id. at 376. Further, section H10 of the solicitation’s performance technical specifications (PTS) contains a paragraph with the heading “Marine Concrete,” stating: The Designer of Record must utilize UFGS section 03 31 29, Marine Concrete with Service Life Modeling,[[4]] including the use of epoxy coated rebar, for the project specification covering concrete components used in waterfront superstructure, substructure, deck and mooring and berthing systems, unless noted otherwise. Id. at 448. Under the heading “Pile Caps,” section H10 of the PTS states: “Pile caps that are in contact with the water (including ground water), and water spray must meet the requirements of the ‘Marine Concrete’ paragraph . . . in this PTS Section.” Id. at 455. Similarly, under the heading “Curbs and Bullrails,” the solicitation states: “[c]urbs and bullrails must consist of reinforced concrete construction meeting the requirements of the “Marine Concrete” paragraph in this PTS Section.” Id.