Citywide Managing Services of Port Washington, Inc., B-281287.12; B-281287.13, November 15, 2000
Case: B-281287.12
Agency:
Date: 2000-11-15
Denied
Citywide Managing Services of Port Washington, Inc., B-281287.12; B-281287.13, November 15, 2000
TITLE: Citywide Managing Services of Port Washington, Inc., B-281287.12; B-281287.13, November 15, 2000
BNUMBER: B-281287.12; B-281287.13
DATE: November 15, 2000
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Citywide Managing Services of Port Washington, Inc., B-281287.12;
B-281287.13, November 15, 2000
Decision
Matter of: Citywide Managing Services of Port Washington, Inc.
File: B-281287.12; B-281287.13
Date: November 15, 2000
John A. Ordway, Esq., Berliner, Corcoran & Rowe, and Jacqueline B. Gayner,
Esq., Ross, Suchoff, Hankin, Maidenbaum, Handwerker & Mazel, for the
protester.
Michael A. Gordon, Esq., and Fran Baskin, Esq., Holmes, Schwartz & Gordon,
for Meridian Management Corporation, the intervenor.
Joseph J. Cox, Esq., and Michael Ryba, Esq., U.S. Army Corps of Engineers,
for the agency.
Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency satisfied its obligations to perform a price analysis by comparing
the widely variant line item prices proposed by the offerors under vigorous
price competition for a fixed-priced contract and the government estimate;
the agency was not required to downgrade awardee's highest-rated technical
proposal because of its low price where the awardee verified its price and
the agency reasonably determined that the awardee understood and could
perform the contract at that price.
2. Protest alleging that the awardee's proposal has unbalanced item prices
and that the agency failed to assess whether the unbalancing posed an
unacceptable risk to the government is denied, where, despite the agency's
erroneous determination that prices were not unbalanced, there is no
evidence of significant risk to the government arising from unbalanced
prices and the agency's action therefore did not prejudice the protester.
3. Protest of technical evaluation is denied where protest merely disagrees
with the agency's evaluation and does not provide evidence of an
unreasonable evaluation.
DECISION
Citywide Managing Services of Port Washington, Inc. protests an award to
Meridian Management Corporation under request for proposals (RFP) No.
DACA51-98-R-0007, issued by the U.S. Army Corps of Engineers, Philadelphia
District, for base operations and maintenance services at Fort Hamilton, New
York.
We deny the protest.
The RFP was initially issued on March 5, 1998 by the Corps's New York
District. A contract was awarded under this RFP to Citywide on two prior
occasions. Those awards were the subject of a number of protests by the
other offerors, Meridian and Johnson Controls World Services, Inc. Our
office twice sustained such protests, [1] in response to which the agency
reevaluated proposals and made new source selections. The most recent
reevaluation followed reassignment of the RFP to the Philadelphia District,
which appointed new evaluation and source selection personnel and, by
amendment, reissued the RFP.
The RFP, as reissued, contemplated the award of a fixed-price contract (with
provision for some cost reimbursable work) for 1 year with 4 option years.
For contract line item numbers (CLIN) under heading 001, monthly unit prices
were requested for recurring and cyclic maintenance, repair and preventative
maintenance work, and specific support and administration services. For
CLINs under heading 002, monthly unit prices were requested for maintenance
and repair service orders. For CLINs under heading 003, hourly and square
foot unit prices were requested for all maintenance and repair outside the
scope of CLIN 002 service orders. For CLINs under heading 004, hourly unit
prices were requested for "New Work," that is, minor construction incidental
to the execution of base operations. For CLINs under heading 005, monthly
and hourly prices were requested for logistics support functions. Estimated
quantities for price evaluation purposes are designated for each CLIN; the
estimated quantities for CLINs requesting hourly unit prices are also "not
to exceed" figures. [2]
The RFP stated a best value evaluation plan with technical and price being
of approximately equal importance. Under the technical area, the RFP listed,
in descending order of importance, the factors of technical approach,
management and quality control. Each factor had various subfactors.
Under price, the RFP stated that the government was interested in "proposals
that offer value in meeting the management necessary in the performance of
this contract while insuring quality performance with appropriate technical
skills and quality control at a reasonable price." RFP amend. 7, at M-6.
Full decision text continues on ProtestIntel...