Mechanical Contractors, S.A., B-277916, October 27, 1997

B-277916 Oct 27, 1997 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Source selection decision cannot be determined reasonable where it is based on a misevaluation of the proposals of the protester and awardee. MECSA contends that the proposals of both MECSA and FMS were improperly evaluated under the specialized experience and past performance evaluation subfactors. MECSA contends that the evaluation board (EB) intentionally and unfairly evaluated the proposals with the result that this allegedly competitive procurement was actually a "sole source" to FMS. Technical proposals were to be evaluated on the basis of two equally weighted technical factors: technical approach and performance capability. These two subfactors each were assigned a possible 30 points. View Decision Matter of: Mechanical Contractors, S.A. File: B-277916 Date: October 27, 1997 DIGEST Attorneys DECISION Mechanical Contractors, S.A. (MECSA) protests the award of a contract to a higher-priced offeror, Formal Management Systems, Inc. (FMS), under request for proposals (RFP) No. CC-97-33, issued by the Panama Canal Commission (PCC) for cleaning and painting of four miter gate leaves in the Panama Canal. The RFP calls for abrasive blast cleaning and exterior painting above the water line using inorganic zinc primer and coal tar polyurethane and below the water line using hot-applied coal tar enamel (CTE). The RFP also requires the performance of mechanical, electrical, and other necessary work. MECSA contends that the proposals of both MECSA and FMS were improperly evaluated under the specialized experience and past performance evaluation subfactors. MECSA contends that the evaluation board (EB) intentionally and unfairly evaluated the proposals with the result that this allegedly competitive procurement was actually a "sole source" to FMS, which has been performing this work for the last 10 years. We sustain the protest. The RFP, issued on May 12, 1997, required an offeror to submit a technical proposal and a price schedule. Technical proposals were to be evaluated on the basis of two equally weighted technical factors: technical approach and performance capability. The technical approach factor listed seven specific subfactors; the performance capability factor listed five specific subfactors, including specialized experience and past performance. These two subfactors each were assigned a possible 30 points, for a total of 60 points out of 100 points that could be given under the performance capability factor. Under the specialized experience subfactor, offerors were to identify contracts performed by "prime and subcontractors" within approximately 3 years preceding the proposal due date. Under this subfactor, the RFP provided that contracts involving confined space removal/painting requiring forced ventilation would be relevant and "[s]pecialized experience in applying coal tar enamel or SSPC [Steel Structures Painting Council] certification at QP-2 will be favorably evaluated. . . ." (Emphasis added.) The past performance subfactor provided that the quality and timeliness of the offeror's past performance with similar projects would be considered, and offerors were asked to submit a list of similar projects they had performed within the past 3 years. An offeror's total technical evaluation score was to be equally weighted with the offeror's firm, fixed-price. Under the RFP, award was to be made to the offeror whose proposal was most advantageous to the government--technical, price, and other factors considered. Three proposals, including those of MECSA and FMS, were received by the July 3, 1997, deadline for submission. After evaluation of the technical portion of each proposal by the EB, all three proposals were included in the competitive range. [1] Subsequently, each offeror was advised of areas of its proposal which needed to be further addressed and each was requested to submit a best and final offer (BAFO). The BAFO scores were as follows: Technical Performance Approach Capability Total Points MECSA 60.85 points 66.2 points 127.05 points FMS 72.7 points 81.55 points 154.25 points Within the performance capability factor, MECSA received 19.5 points out of 30 under specialized experience and 15 points out of 30 under past performance. In contrast, FMS received 30 points out of 30 for specialized experience and 23.4 points out of 30 for past performance. The evaluation record shows that under the specialized experience subfactor, the EB noted that FMS had successfully cleaned and coated all PCC miter gates for the last 3 years and that it had "abundant confined space experience." Under the past performance subfactor, the EB stated that the FMS projects were either timely completed or completed ahead of time.