Link: GAO Opinion
Agency: Department of the Army
Disposition: Protest denied.
General Counsel P.C. Highlight:
GAO denied the protest of FPM Remediations, Inc., based on the exclusion of its proposal from the competitive range under a request for proposals (RFP), issued by the Department of the Army for environmental remediation services.
The RFP was issued as a small business set-aside, and provided for the award of multiple, indefinite-delivery/indefinite-quantity task order contracts for environmental remediation services for a three-year base period and a two-year option period. The RFP provided that awards would be made on a best-value basis, considering cost/price and the following evaluation factors: technical requirements; performance risk/past performance; corporate technical plans, practices, and procedures. For the corporate technical plans, practices and procedures factor, offerors were required to provide a list of environmentally reportable incident violations and any notice of violations (NOV) that were received by the offeror in the past three years.
FPM argues that its proposal should not be excluded from competitive range because it could not have been found “unacceptable.” The agency argues that FPM failed to address the RFP’s requirement that offerors identify NOVs, which resulted in a deficiency that could not be corrected through clarifications. GAO found that the record supported the agency’s findings, i.e. that the protester failed to satisfy the RFP’s requirements.