Joppa Maintenance Company, Inc., B-281579; B-281579.2, March 2, 1999
Case: B-281579
Agency:
Protester: Joppa Maintenance Company, Inc., B
Date: 1999-03-02
Denied
Joppa Maintenance Company, Inc., B-281579; B-281579.2, March 2, 1999
TITLE: Joppa Maintenance Company, Inc., B-281579; B-281579.2, March 2, 1999
BNUMBER: B-281579; B-281579.2
DATE: March 2, 1999
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Joppa Maintenance Company, Inc., B-281579; B-281579.2, March 2, 1999
Decision
Matter of: Joppa Maintenance Company, Inc.
File: B-281579; B-281579.2
Date: March 2, 1999
Kenneth Bruntel, Esq., Crowell & Moring LLP, for the protester.
Frank K. Peterson, Esq. and Frank K. Peterson, Holland & Knight LLP, an
intervenor.
Vickie O. O'Keefe, Esq., Naval Facilities Engineering Command, for the
agency.
John L. Formica, Esq., and James Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the awardee's prices were unbalanced is denied where the
record shows that the differences between the awardee's and protester's
prices were not significant, and neither offeror's prices appear
significantly understated or overstated.
2. Protest that the contracting agency improperly evaluated the protester's
and awardee's technical proposals submitted in response to a solicitation
for grounds maintenance services is denied where the record shows that the
evaluation was reasonable in that the evaluators recognized the protester's
proposal's technical superiority.
3. Protest of the agency's determination that the technical superiority of
the protester's proposal was outweighed by the price advantage of the
awardee's is denied where the record shows that the trade-off decision was
reasonably based.
DECISION
Joppa Maintenance Company, Inc. protests the award of a contract to D.M.
Potts Corporation under request for proposals (RFP) No. N68950-97-R-0094,
issued by the Department of the Navy for grounds maintenance services at the
Great Lakes Naval Training Center.
We deny the protest.
The RFP provided for the award of a fixed price, indefinite-quantity
contract for a base period of 1 year with four 1-year options. The
contractor will be required to furnish all management, supervision,
personnel, transportation, equipment, labor, tools, supplies, and quality
control to perform ground maintenance services at the training center. RFP
amend. 1, sect. C.1. The solicitation stated that award would be made to the
offeror whose proposal represented the best value to the government, with
technical merit and price being equal in importance. RFP sect. M.1. With regard
to technical merit, the RFP listed three equally important evaluation
factors: (1) methods, procedures, and resources; (2) relevant experience;
and (3) past performance. Id. at sect. M.2.A.
The RFP provided detailed instructions for the preparation of proposals and
included, among other things, a price schedule for offerors to complete.
This schedule contained a definite-quantity section (referred to in the
record as the
"fixed-price work") and an "indefinite quantity work" section for each
contract year. RFP sect. B. In essence, the successful contractor will be
required to perform the grounds maintenance work listed in the
definite-quantity section of the schedule (e.g., herbicide treatment and
weed control), with the work in the indefinite-quantity section (e.g., stump
removal) being performed only if ordered by the agency.
The agency received proposals from Joppa (the incumbent contractor), Potts,
and another offeror by the RFP's closing date. The proposals were evaluated,
and the proposal of the third offeror was eliminated from the competitive
range. Written questions were provided to Joppa and Potts, and best and
final offers (BAFO) were requested and received by the agency. Joppa's BAFO
was rated as acceptable under the methods, procedures, and resources
evaluation factor, highly satisfactory under the relevant experience and
past performance factors, and highly satisfactory overall, with a total
price for the definite-quantity and indefinite-quantity work for the base
plus option years of $6,654,316. [1] Agency Report, Tab 11, Supplemental
Price Evaluation Board Report, Oct. 26, 1998; Tab 13A, Technical Evaluation
Team Report, Oct. 26, 1998. Potts's BAFO was rated as acceptable under each
of the evaluation factors, and acceptable overall, with a total price for
the definite-quantity and indefinite-quantity work for the base plus option
years of $6,253,995. Id. The source selection board (SSB) determined that
Joppa's proposal's higher technical rating did not offset its 6-percent
price disadvantage, and concluded that Potts's proposal represented the best
value to the government. Agency Report, Tab 16A, SSB Report. The agency
awarded the contract to Potts and, after requesting and receiving a
debriefing, Joppa filed this protest.
Joppa first argues that Potts's proposal should have been rejected by the
agency as technically unacceptable.
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