General Security Services Corporation, B-280388; B-280388.2,
Case: B-280388
Agency:
Protester: General Security Services Corporation, B
Date: 1998-09-25
Denied
General Security Services Corporation, B-280388; B-280388.2,
BNUMBER: B-280388; B-280388.2
DATE: September 25, 1998
TITLE: General Security Services Corporation, B-280388; B-280388.2,
September 25, 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:General Security Services Corporation
File: B-280388; B-280388.2
Date:September 25, 1998
Robert A. Boonin, Esq., Butzel Long; and James A. Hughes, Esq., Robert
S. Brams, Christy G. Slade, Esq., and William E. Slade, Esq., Patton
Boggs, for the protester.
Gerald L. Elston, Esq., and Charles E. Coburn, Esq., U.S. Marshals
Service, Department of Justice, for the agency.
Valinda J. Astoria, Esq., Edgar Garcia, Esq., Joan K. Fiorino, Esq.,
and Donald E. Barnhill, Esq., for Akal, Inc., an intervenor.
Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging areas of technical evaluation of protester's
proposal is denied where protester either failed to rebut agency's
explanation of why downgrading was appropriate, or failed to show that
downgrading based on omission of information from proposal was
unreasonable.
2. Protest against adequacy of documentation for revised scoring of
protester's proposal is denied where, although individual evaluator
scoring sheets contain little or no explanation for scoring changes,
basis for downgrading proposal is documented elsewhere in record and
establishes reasonableness of downgrading.
3. Protest that awardee's final proposed price should have been found
unacceptable because it improperly failed to add fringe benefit rate
to holiday pay, is denied where there was no requirement for payment
of fringe benefit rate for holiday pay.
DECISION
General Security Services Corporation (GSSC) protests the evaluation
of offers,
and the award of a contract to Akal, Inc., under request for proposals
(RFP)
No. MS-CSC-97-R-0005, issued by the United States Marshals Service
(USMS), Department of Justice, for court security services in the
fifth federal circuit.
We deny the protest.
The RFP, as issued on March 17, 1997 and as amended, contemplated the
award of a fixed-price indefinite-quantity, indefinite-delivery
contract for a base year, with four 1-year options. It requested
offerors to provide individual court security officer (CSO) services,
as well as managerial and supervisory personnel, and any materials,
supplies, and equipment required in the performance of the contract.
The solicitation provided for award to the offeror whose proposal,
conforming to the terms of the RFP, was determined to be the most
advantageous to the government, cost/price and technical factors
considered. The solicitation listed in descending order of importance
the following technical evaluation factors--corporate management, past
related performance, and qualifications of key personnel. Offerors
were to propose prices for five categories of services[1] and submit a
wage compensation plan indicating employee wages and fringe benefits
over the life of the contract. The technical factors were assigned 60
percent of the evaluation weight, and total price 40 percent.
Twelve offers were received and evaluated by a nine-member technical
evaluation board (TEB) during the week of June 20, 1997. At the
request of the contracting officer, four members of the TEB reconvened
during the week of July 26, 1997 to review the original TEB analysis.
The reconvened TEB concurred with the original evaluation scores and
generated additional documentation to support the original assigned
scores. Six proposals were determined to be in the competitive range,
including the awardee's and protester's. After two rounds of
discussions, three rounds of best and final offers (BAFO), and further
evaluation, Akal's lowest-evaluated-price offer--at
$60,683,060.82--was rated the highest with a total score of 95.50
points (55.5 technical and 40.0 price). GSSC's fourth-low offer--at
$64,511,132.11--was rated third overall with a total score of 86.43
points (48.8 technical and 37.63 price).[2] Award was made to Akal on
March 30, based on a determination that no other offer presented
technical advantages that warranted paying a premium above Akal's low
price.
GSSC raises numerous arguments challenging the evaluation and other
aspects of the award process. We have reviewed the record and find
these arguments to be without merit. We discuss several of the most
significant arguments below.
EVALUATION OF GSSC'S PROPOSAL
GSSC challenges the evaluated deficiencies of its proposal under the
management and past performance factors.
Full decision text continues on ProtestIntel...