Symvionics, Inc., B-281199.2, March 4, 1999

B-281199.2 Mar 04, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Is denied where the agency had the approved MP/MEO secured until the cost comparison was conducted and the failure to seal it did not materially affect the cost comparison. 2. Protest that A-76 cost comparison was defective because agency failed to specifically allocate replacement hours or to describe in detail how replacement personnel would handle tasks previously proposed for volunteers is denied where the number of personnel and labor hours. Are more than sufficient to cover volunteer effort and to meet all performance work statement responsibilities. The competition would have resulted in a determination that the protester's proposal was more economical. BACKGROUND The RFP was issued on March 25. View Decision Matter of: Symvionics, Inc. File: B-281199.2 Date: March 4, 1999 DIGEST Attorneys DECISION Symvionics, Inc., protests the determination by the Department of the Air Force, pursuant to Office of Management and Budget (OMB) Circular No. A-76, that it would be more economical to operate housing management functions at Patrick Air Force Base (PAFB), Florida using in-house, Air Force civilian personnel, rather than to contract for these services. Symvionics alleges that the Air Force violated various provisions of OMB Circular No. A-76 in conducting the comparison under request for proposals (RFP) No. F08650-98-R-0009 that provided the basis for the agency's determination. Symvionics contends that, absent the alleged violations, the competition would have resulted in a determination that the protester's proposal was more economical. We deny the protest. BACKGROUND The RFP was issued on March 25, 1998 for the purpose of conducting a cost comparison between Symvionics and the Air Force for providing military family housing management services at PAFB. Prior to issuing the RFP, the Air Force had selected Symvionics to participate in the competition based on a request from the Small Business Administration that the acquisition be reserved for Symvionics under the 8(a) set-aside program. The period of performance included a phase-in period and a base period, with three 1-year options. The RFP provided for the use of negotiation procedures and indicated that award would be made to the most economical offeror based on the outcome of the cost comparison. RFP Sec. M-1. Symvionics's technical and cost proposals were due by May 5, 1998. In accordance with OMB Circular No. A-76, the Air Force's management plan/most efficient organization (MP/MEO) and its estimated cost were to be placed under seal prior to the date established for receipt of Symvionics's proposal. The RFP's performance work statement (PWS) set forth the scope of work and defined the housing management tasks and functions. RFP Sec. C. With the exception of certain responsibilities, such as supervision of unaccompanied housing managers and a maintenance contract (Hearing Transcript (Tr.) at 9), the PWS identified the same tasks and responsibilities as those accomplished by the Housing Flight Office at PAFB. /1/ These included management of the off-base housing program (task 5.9), commander's interest program (task 5.12), and furnishings management (task 5.13). The contractor was responsible for determining the appropriate number and skill level of its proposed personnel based upon the specific tasks identified in the PWS. The Air Force's MP/MEO for this acquisition, which was based on the scope of work identified in the PWS, was originally developed by a government contractor. The purpose of the MP/MEO was to determine and document the specific management and functional process improvements upon which the optimum structure and labor requirements were based. At the time of the A-76 study and competition, the PAFB housing flight manager (hereinafter Ms. A) was primarily responsible for further developing the MP/MEO. Declaration of Ms. A, Dec. 4, 1998 (Ms. A Decl.), Para. 1. Ms. A had the title of housing flight chief (HFC) and the grade of GS-12. In the first draft of the MP/MEO, completed in mid-February 1998, the housing manager, identified as the person responsible for overall management of the housing office, was listed at the grade of GS-9/10. According to Ms. A, under the PWS the housing manager had fewer responsibilities than she had as a GS-12, and she envisioned the position as starting at a GS-9 with promotion potential to GS-10. Tr. at 13-14, 30. While Ms. A worked on the MP/MEO, she was in contact with a management analyst (hereinafter Mr. B) who was the principal point of contact for the 45th Space Wing Manpower Office at PAFB. Declaration of Mr. B, Nov. 6, 1998 (Mr. B Decl. 1), Para. 1. Mr. B was responsible for assigning appropriate costs for all aspects of the MP/MEO including personnel costs. Id.; Tr. at 127, 129. Because the Air Force's cost comparison software (COMPARE) would only accept a specific grade, Ms. A and Mr.