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FAR 36.3:  Two-Phase Design-Build Selection Procedures

Comptroller General - Key Excerpts

The RFP established a two-phase acquisition process. During phase one, at issue here, offerors were required to submit detailed information relating to their own experience and past performance and that of their proposed lead design firm, and also were to submit information relating to the experience and technical qualifications of proposed key personnel, and management approach. RFP at 9-10. This information was to be evaluated to select up to five firms deemed by the agency to be the most highly qualified; these five firms would then submit phase two proposals. RFP at 16. During phase two, the selected firms will make a second proposal submission comprised of a small business utilization plan, proposed engineering solution to the requirement, and proposed price. RFP at 10. Based on an evaluation of the phase two submissions, award will be made to the firm offering the best overall value to the government based on price and technical considerations (approximately equal in weight). RFP at 17.

CTI asserts that the projects it submitted to demonstrate its experience should have been deemed relevant because, although they were not for the design and construction of a complete new structure, they nonetheless demonstrated its experience in every type of construction activity (such as the construction of a foundation, roofing and reinforced concrete walls) that might be called for in connection with the requirement. The protester points out, in this regard, that the RFP did not expressly state that only the design and construction of a complete new structure would be considered relevant; rather, the RFP provided that the projects only had to be similar, not identical, to the current requirement.

In considering protests challenging the evaluation of proposals, our Office will not reevaluate proposals; rather, we will examine the record to determine whether the agency’s evaluation conclusions were reasonable and consistent with the terms of the solicitation and applicable procurement laws and regulations. Engineered Elec. Co. d/b/a/ DRS Fermont, B-295126.5, B-295126.6, Dec. 7, 2007, 2007 CPD para. 4 at 3-4. While agencies are required to limit their evaluation to the factors stated in the solicitation, they properly may apply evaluation considerations that, while not expressly stated in the solicitation, are nonetheless reasonably and logically encompassed by the stated evaluation factors. American Artisian Prods., Inc., B‑293801.2, June 7, 2004, 2004 CPD para. 127 at 3.

The agency’s evaluation here was unobjectionable. While the solicitation did not expressly state that the agency would limit its consideration to firms with experience in constructing complete, new structures, we think this was reasonably and logically encompassed by the solicitation’s experience factor. The RFP is for the design and construction of a new, multi-story housing facility, and the RFP advised that the agency sought concerns with experience in construction projects similar in scope, size and complexity to the solicited project. We find nothing unreasonable in the agency’s determining that the projects listed by CTI, which involved only the renovation of preexisting structures, not the ground-up construction of a new facility, was not sufficiently similar in scope, size, and complexity to the ground-up project required here. While CTI may well have experience in the different construction areas involved in the requirement, again, we find that it was reasonable for the agency to conclude that there was a significant qualitative difference between this segmented experience and the desired experience performing a complete ground-up project. There thus is no basis for us to object to the evaluation.  (CTI-NAN JV, LLC, B-400979, April 6, 2009)  (pdf)

Comptroller General - Listing of Decisions

For the Government For the Protester
CTI-NAN JV, LLC, B-400979, April 6, 2009  (pdf)  


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