Wackenhut Services, Inc., B-276012.2, September 1, 1998
Case: B-276012.2
Agency:
Protester: Wackenhut Services, Inc., B
Date: 1998-09-01
Denied
B-276012.2
Sep 01, 1998
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Highlights
Agency was not required to consider depth of offerors' relevant past experience. Agency properly attributed to offeror the experience of its teaming partner where teaming partner was to perform [Deleted] of the contract effort. 3. Technical proposals were to be evaluated on the basis of three factors: past performance (worth 60 percent of an offeror's technical score). Price proposals were to be based on prescribed quantities of hours for three labor categories (productive staff-hours. Offerors were to furnish fixed hourly rates. This is the most important factor. The Government will consider the offeror's past experience within the last five (5) years executing similar work. Services are considered similar if the functions.
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Matter of: Wackenhut Services, Inc. File: B-276012.2 Date: September 1, 1998 * Redacted Decision
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DECISION
Wackenhut Services, Inc. protests the award of a contract to Coastal International Security, Inc. under request for proposals (RFP) No. GS11P-96-MPC-0510, issued by the General Services Administration (GSA) for security guard services at the Ronald Reagan and International Trade Center Building in Washington, DC. The protester takes issue with the agency's evaluation of proposals.
We deny the protest.
The RFP provided for award on a best value basis, with the combined weight of technical factors of greater importance than price. Technical proposals were to be evaluated on the basis of three factors: past performance (worth 60 percent of an offeror's technical score), management and plan of operation (worth 20 percent), and quality control (also worth 20 percent). Price proposals were to be based on prescribed quantities of hours for three labor categories (productive staff-hours, supervisory staff-hours, and contract manager); offerors were to furnish fixed hourly rates, fully loaded, for each category. The solicitation advised offerors that award might be made on the basis of initial offers without discussions, and that each initial offer should therefore contain the offeror's best terms from a price and technical perspective.
With regard to the past performance evaluation factor, section M.3.B.1 of the RFP, as modified by Amendment IV, provided as follows:
Past Performance. This is the most important factor. Under this factor, the Government will consider the offeror's past experience within the last five (5) years executing similar work, as well as the quality of the offeror's past performance considering timeliness and technical success. In accordance with Section L, Paragraph 11.A, /1/ each offer must demonstrate performance of at least two (2) contracts of a similar size and nature within the past five (5) years. Services are considered similar if the functions, responsibilities, and control exercised by the contractor were essentially the same as required by the solicitation. A contract is comparable in size if the required manhours are equivalent to or greater than 50% of the productive hours required by this solicitation. This is a minimum requirement. Failure to meet this requirement will render the offer technically unacceptable. If the contractor meets this requirement, the Government will evaluate the information to determine the quality of the offeror's past performance.
Thirteen offerors, including Wackenhut, Coastal, and Areawide Services, Ltd., submitted proposals by the February 14, 1997 closing date for receipt of proposals. In September 1997, Wackenhut purchased all assets of Areawide, and Areawide was merged into Wackenhut; thus, Wackenhut became Areawide's successor in interest with regard to its proposal. See J. I. Case Co., B-239178, Aug. 6, 1990, 90-2 CPD Para. 108 at 3. GSA proceeded with evaluation of both the Wackenhut and the Wackenhut-Areawide proposals. /2/
Coastal received a score of 9 (of a possible 10) under each technical evaluation factor, for an overall score of 9, which was the highest technical score awarded; its price of $41,652,939.09 was fifth low. Coastal identified eight security guard contracts performed by it and its teaming partner, Akal Security, Inc., over the past 5 years; five of the eight met the RFP's definition for similarity. Wackenhut received a score of 8 under each evaluation factor; its overall technical score of 8 was tied for third high, while its price of $41,094,665.50 was third low. Wackenhut identified 14 previously or currently-performed security services contracts, 4 of which met the RFP's definition of "similar". Areawide's proposal received a score of 7 under the past performance evaluation factor, a score of 7.5 under the management and plan of operation factor, and a score of 9 under the quality control factor, for an overall score of 7.5, which was sixth high; its price of $40,202,056.93 was lowest.
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