Consolidated Engineering Services, Inc, B-279565.2; B-
Case: B-279565.2
Agency:
Protester: Consolidated Engineering Services, Inc, B
Date: 1998-06-26
Sustained
Consolidated Engineering Services, Inc, B-279565.2; B-
BNUMBER: B-279565.2; B-279565.3
DATE: June 26, 1998
TITLE: Consolidated Engineering Services, Inc, B-279565.2; B-
279565.3, June 26, 1998
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Matter of:Consolidated Engineering Services, Inc
File:B-279565.2; B-279565.3
Date:June 26, 1998
Thomas J. Madden, Esq., Jerome S. Gabig, Jr., Esq., and Johana A.
Reed, Esq., Venable, Baetjer, Howard & Civiletti, for the protester.
Jacob B. Pompan, Esq., and Gerald H. Werfel, Esq., Pompan, Murray,
Ruffner & Werfel, for Halifax Technical Services, Inc., an intervenor.
Richard A. Marchese, Esq., Department of Housing & Urban Development,
for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest is sustained where (1) protester argues that agency's
relative assessment of proposals improperly failed to reflect specific
beneficial features that allegedly made its proposal superior to
awardee's, (2) it appears from record that the features in fact may
have offered some significant benefit, and (3) the agency only
generally asserts that the evaluation took the features offered by all
offerors into consideration, without explaining or providing evidence
showing why the protester's proposed features did not result in a
superior score for protester's proposal under the relevant evaluation
factor.
2. Agency improperly downgraded protester's proposal relative to
awardee's based on awardee's more detailed description of proposed
elevator maintenance subcontractor's experience; since protester and
awardee proposed same subcontractor, they should have received same
score for subcontractor's experience.
DECISION
Consolidated Engineering Services, Inc. (CESI) protests the Department
of Housing & Urban Development's (HUD) award of a contract to Halifax
Technical Services, Inc., under request for proposals (RFP) No.
DU100C000018529, for commercial facilities management services with
respect to the HUD headquarters building in Washington, D.C. CESI
challenges the evaluation results.
We sustain the protest.
The solicitation provided for award of a contract for a base year with
four 1-year options, for custodial, security, operation and
maintenance, elevator maintenance, landscape, mail, messenger,
audio-visual, moving/receiving, parking, painting, electrical, space
alteration, and locksmith services. Award was to be made on a best
value basis, with technical factors more significant than cost/price
(the contract is to contain both cost-reimbursement and fixed-price
elements). A maximum of 300 evaluation points were to be available
under two technical evaluation factors--management and plan of
operations (140 points), and experience and qualifications (160
points)--each of which included a number of subfactors. An additional
maximum of 14 extra points were available under a small business
subcontracting program evaluation factor.
HUD received proposals from Halifax, CESI and six other offerors;
Halifax's, CESI's and three other proposals were included in the
competitive range. At the conclusion of discussions, the agency
requested best and final offers (BAFO). Based upon the evaluation of
BAFOs, the technical evaluation panel (TEP) recommended award to
Halifax. The TEP noted that Halifax's proposal received the highest
technical score--289 points, compared to CESI's next highest 282
points--and found Halifax's proposal to be "technically superior
because it received the maximum scores in factors for which other
offerors had weaknesses." Source Selection Recommendation of February
5, 1998, at 4. Further, Halifax's evaluated cost, $45,159,742, was
slightly lower than CESI's $45,595,733. (Another proposal was
slightly lower-cost than Halifax's, but the agency determined that
this was offset by Halifax's proposal's technical superiority.) The
source selection official concurred in the TEP's recommendation and
made award to Halifax.
EVALUATION OF BENEFICIAL FEATURES
CESI argues that the evaluation of Halifax's and CESI's proposals
failed to reflect certain beneficial features of CESI's proposal which
warranted CESI's proposal being rated technically superior to
Halifax's. In this regard, although CESI's proposal received the
maximum 140 available points under the management and plan of
operations factor, Halifax's also received a near perfect rating of
139 points.
In reviewing protests against allegedly improper evaluations, our
Office will examine the record to determine whether the agency's
judgment was reasonable and in accord with the RFP's stated evaluation
criteria.
Full decision text continues on ProtestIntel...