Cobra Technologies, Inc., B-280475; B-280475.2; B-280475.3,
Case: B-280475
Agency:
Protester: Cobra Technologies, Inc., B
Date: 1998-10-06
Denied
Cobra Technologies, Inc., B-280475; B-280475.2; B-280475.3,
BNUMBER: B-280475; B-280475.2; B-280475.3
DATE: October 6, 1998
TITLE: Cobra Technologies, Inc., B-280475; B-280475.2; B-280475.3,
October 6, 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:Cobra Technologies, Inc.
File:B-280475; B-280475.2; B-280475.3
Date:October 6, 1998
Jacob B. Pompan, Esq., Gerald H. Werfel, Esq., and John P. Walsh,
Esq., Pompan, Murray, Ruffner & Werfel, for the protester.
Joseph P. Hornyak, Esq., Drew W. Marrocco, Esq., and Elizabeth A.
Ferrell, Esq., Sonnenschein, Nath & Rosenthal, for HAI-WW, LLC, an
intervenor.
Robert J. McCall, Esq., General Services Administration, for the
agency.
Peter A. Iannicelli, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Contracting agency reasonably rated awardee--a new joint
venture--very high on corporate experience where: (1) request for
proposals stated that corporate experience would measure the
collective experience of an offeror's proposed project team and that
prior performance by company officers and predecessor companies would
be considered; (2) the two companies that formed the joint venture had
previously successfully performed together the same type of work under
separate contracts for the contracting agency at one of the four
government buildings that is the subject of the present contract; and
(3) all of the awardee's proposed employees have had significant
relevant experience.
2. Protest challenging agency's evaluation of proposals and alleging
that agency failed to consider revisions contained in protester's best
and final offer and to upgrade protester's score based upon revisions
is denied, where the record shows that evaluation was reasonable and
that evaluators were aware of protester's revisions and, as a result,
upgraded protester's score based upon some revisions but not for
others; protester's disagreement with agency's evaluation provides no
basis to find the evaluation unreasonable.
3. Agency properly awarded contract to the offeror of the higher
technically rated, higher-priced proposal where the request for
proposals stated that technical merit and price would be given equal
weight and the agency reasonably determined that the extra technical
merit of the awardee's proposal justified its higher price. (Awardee's
proposal was rated [deleted] percent higher than protester's on
technical merit, and awardee's proposed price was only [deleted]
percent higher than protester's.)
DECISION
Cobra Technologies, Inc. (Cobra) protests the award of a contract to
HAI-WW, LLC (HAI-WW) by the General Services Administration (GSA)
pursuant to request for proposals (RFP) No. GS-03P-98-QAC-0003. Cobra
contends that the evaluation of proposals was flawed and that the
agency did not consider Cobra's lower proposed price in selecting
HAI-WW's proposal for award. We deny the protest.
Issued on April 8, 1998, the RFP solicited offers for providing
facilities engineering, repairs and building maintenance services at
four buildings in Baltimore, Maryland. The contractor would provide
all management, supervision, manpower, materials, supplies and
equipment; the contractor would plan, schedule, coordinate and assure
effective performance of all services. RFP sec. B.1. The RFP
contemplated a fixed-price contract for a basic period of 1 year and
included options for 4 additional multi-year periods.[1] RFP sec. B.
The RFP stated that the contract would be awarded to the offeror whose
proposal offered the greatest value to the government and that price
and technical merit would be given approximately equal weight in
determining greatest value. RFP sec. M.1. The RFP stated that technical
merit would be measured in terms of a level of confidence (LOC) rating
reflecting how confident the agency was that the offeror would be
fully successful in furnishing the required services after evaluation
of technical proposals on three criteria, listed in descending order
of importance as: management plan, corporate experience, and
qualifications of key personnel. RFP sec. M.1, M.3.
Six offerors submitted initial proposals. The source selection panel
(SSP) members individually evaluated each technical proposal; then,
the SSP met as a group and gave each technical proposal a consensus
LOC (i.e., technical) rating. HAI-WW's initial proposal was rated the
highest on technical merit, with a score of [deleted] out of a
possible [deleted] points for a "very high" rating, while Cobra's
initial technical proposal was rated second-highest, with a score of
[deleted] points for a "low" rating.
Full decision text continues on ProtestIntel...