J&J Maintenance, Inc.
Case: B-272166
Agency:
Protester: J&J Maintenance, Inc.
Date: 1996-07-29
Denied
B-272166
Jul 29, 1996
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Highlights
A solicitation for housing maintenance services is not defective because it lacks historical workload information. Where changes in the agency's requirements have undermined the value of the historical information and the solicitation includes accurate and current workload information that should permit offerors to compete intelligently and on equal terms. Estimated quantities are specified for each CLIN. The contractor will be paid a fixed annual price for the fixed-price CLINs. The RFP contemplates that work assignments will generally originate through service calls. Which are subject to Davis-Bacon Act general wage decisions. A service call that will consume more than 16 labor hours or $500 in material costs is generally not required to be performed at the contractor's stated unit price.
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Matter of: J&J Maintenance, Inc. File: B-272166 Date: July 29, 1996
A solicitation for housing maintenance services is not defective because it lacks historical workload information, where changes in the agency's requirements have undermined the value of the historical information and the solicitation includes accurate and current workload information that should permit offerors to compete intelligently and on equal terms.
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DECISION
J&J Maintenance, Inc. protests the terms of request for proposals (RFP) No. N68931-96-R-9516, issued by the Department of the Navy, Naval Facilities Engineering Command, for family housing maintenance services at three Naval Air Stations (Cecil Field, Jacksonville, and Mayport) in Florida.
We deny the protest.
The RFP covers most residential maintenance at the three air stations, including structural maintenance and repair services; repair or replacement of heating, ventilation and air conditioning (HVAC) equipment and other home appliances; painting services; plumbing work; electrical work; custodial work; grounds maintenance; and change of occupancy maintenance (COM). [1] The RFP solicits prices for fixed-price and indefinite quantity contract line items (CLIN). Estimated quantities are specified for each CLIN. The contractor will be paid a fixed annual price for the fixed-price CLINs, even if the government orders less than the estimated quantities; if the government requires more than the estimated quantities, it may order the additional quantities under indefinite quantity CLINs corresponding with the fixed-price requirements.
For the fixed-price CLINs, the RFP contemplates that work assignments will generally originate through service calls, which can be classified as either "emergency," "urgent," "routine," "alteration," "scheduled," or "other" calls. The RFP also provides a separate work authorization process for COM, painting, custodial, and HVAC preventive maintenance work. For the indefinite quantity CLINs, the RFP provides for the issuance of delivery orders. The wage determinations issued under the Service Contract Act, 41 U.S.C. Sec. 351-358 (1994), apply to all contract work, except for "alteration" service calls, which are subject to Davis-Bacon Act general wage decisions, 40 U.S.C. Sec. 276a (1994).
The RFP contains certain limitations on the contractor's liability for both the fixed-price and indefinite quantity work. For example, a service call that will consume more than 16 labor hours or $500 in material costs is generally not required to be performed at the contractor's stated unit price. Similarly, in performing a COM assignment, the contractor is not required to correct at its stated unit price any individual deficiency that will consume more than 16 hours or $500 in material costs, but it must correct all individual deficiencies below that threshold; the RFP notes that the total cost of a COM assignment may therefore add up to more than 16 hours or $500 in material costs.
The RFP provides a variety of workload information. The RFP statement of work describes the specific tasks that may be required at the three installations and the manner in which the contractor must perform those tasks. Section J of the RFP provides information on the style and number of housing units; the structural characteristics of the housing units; the approximate square footage and floor plans of the housing units; and information specific to the painting and HVAC maintenance requirements. The Navy also afforded offerors site visits. [2]
J&J protests that the information contained in the RFP is inadequate for pricing purposes without undue risk to the offeror. J&J concedes that the RFP contains a "copious amount of valuable workload data" and does not challenge the accuracy of the workload information and estimates contained in the RFP.
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