Halse Enterprises

B-271757 Jul 22, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest that agency improperly awarded contract to furnish office space to firm that failed to offer cleaning and snow and ice removal services as required by the solicitation is denied where the agency included a cost factor for the services in the evaluated cost of the awardee's proposal. The solicitation generally provided for award to be made to the offeror whose technically acceptable proposal offered the "technical/cost relationship [that] is most advantageous to the Government.". For a total of three sites were received by the closing time. All were included in the competitive range. 000 evaluation factor added to account for Wiggin's failure to offer the required janitorial services and supplies and snow and ice removal) was $3. View Decision Matter of: Halse Enterprises File: B-271757 Date: July 22, 1996 Protest that agency improperly awarded contract to furnish office space to firm that failed to offer cleaning and snow and ice removal services as required by the solicitation is denied where the agency included a cost factor for the services in the evaluated cost of the awardee's proposal, and retained protester's proposal in the competitive range notwithstanding several deficiencies; by disregarding deficiencies in both proposals, agency treated both offerors equally. Attorneys DECISION Halse Enterprises protests the award of a contract to Wiggin Construction under solicitation for offers (SFO) No. R1-96-2, issued by the Department of Agriculture, Forest Service, to lease office, shop, storage and wareyard space in Sheridan, Montana. Halse, the incumbent contractor, argues that Wiggin failed to offer cleaning and snow and ice removal services as required by the solicitation, and that its offer therefore could not be accepted for award. We deny the protest. As amended, the solicitation requested offers to enter into a 10-year lease, with two 5-year option periods, for 2,200 square feet of office space in compliance with The Americans with Disabilities Act Accessibility Guidelines (ADAAG), 1,875 square feet of warehouse, garage and pesticide storage space, and 6,000 square feet of secured, fenced and paved wareyard space in Sheridan. The SFO required the lessor to furnish: (1) designated off-street visitor parking for five vehicles, including one space sized and designated for handicapped parking and one pull-through space of sufficient size to accommodate recreation vehicles and truck/trailer combinations and permit ingress/egress without backing up; (2) janitorial services and supplies; and (3) snow and ice removal services. The solicitation generally provided for award to be made to the offeror whose technically acceptable proposal offered the "technical/cost relationship [that] is most advantageous to the Government." The SFO listed four specific technical evaluation factors: (1) potential for efficient layout; (2) energy efficiency; (3) location; and (4) physical characteristics, environment and safety. Two proposals--Halse's and Wiggin's--for a total of three sites were received by the closing time; all were included in the competitive range. Following discussions, Agriculture requested best and final offers (BAFO). Based on its evaluation of BAFOs, the agency determined that Wiggin's proposal of a new building at its site No. 1 offered the best value to the government. Specifically, the evaluated annual cost of Wiggin's site ($53,405.75 based on requested space, including a $3,000 evaluation factor added to account for Wiggin's failure to offer the required janitorial services and supplies and snow and ice removal) was $3,356.75 lower than the annual cost of Halse's proposed site ($56,762.50, including a $2,000 evaluation factor added to account for its offer of only 4,000 square feet of wareyard space instead of the 6,000 square feet required). In addition, Wiggin's site received a "good+" rating, while Halse's building (currently occupied by the agency) received only a "fair" rating. Halse argues that it was improper for Agriculture to accept Wiggin's proposal inasmuch as it failed to comply with the solicitation requirement for the lessor to furnish janitorial services and supplies and snow and ice removal. As noted above, however, Halse's proposal likewise failed to comply with a solicitation requirement--for 6,000 square feet of wareyard space--and the agency, as it did for Wiggin's proposal, added an evaluation factor to account for the cost to the agency of the missing item rather than simply reject the proposal as unacceptable. In addition, Halse offered on-street visitor parking that failed to comply with the SFO requirement for five off-street visitor parking spaces, including one handicapped accessible and one pull-through space for recreation vehicles and truck/trailer combinations.