Federal Security Systems, Inc., B-281745.2, April 29, 1999
Case: B-281745.2
Agency:
Protester: Federal Security Systems, Inc., B
Date: 1999-04-29
Denied
B-281745.2
Apr 29, 1999
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That the RFP was ambiguous and that the estimated quantities were not based on realistic and current usage information. Interior had already determined that it was necessary to reevaluate the quantity estimates for the solicitation. Which was for the award of an indefinite-delivery. That the solicitation was unclear about what was actually being requested for several line items. FSS contends that the solicitation was not ambiguous and that the amendment did not change the estimates significantly. FSS also objects that its prices have been disclosed to the competitive range offerors. Offerors were required to provide unit prices and extended prices for 48 CLINs and a total estimated price for the base year and each option year.
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Matter of: Federal Security Systems, Inc. File: B-281745.2 Date: April 29, 1999
DIGEST
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DECISION
Federal Security Systems, Inc. (FSS) protests the corrective action taken by the Department of the Interior, National Business Center in response to a protest filed in our Office by Federal Lock & Safe, Inc. under request for proposals (RFP) No. 14-01-0001-98-R-15 for locksmith services under which FSS had been awarded a contract. Federal Lock had alleged in its protest, among other things, that the RFP was ambiguous and that the estimated quantities were not based on realistic and current usage information. At the time that Federal Lock filed its protest with our Office, Interior had already determined that it was necessary to reevaluate the quantity estimates for the solicitation, which was for the award of an indefinite-delivery, indefinite-quantity (ID/IQ) contract, and that the solicitation was unclear about what was actually being requested for several line items. Agency Report, Mar. 1, 1999, at 2. The agency determined to take corrective action and issued an amendment which provided definitions for certain contract line items (CLIN), revised minimum and/or maximum estimated quantities for approximately half of the CLINs and requested new best and final offers (BAFO) from competitive range offerors. Id. FSS contends that the solicitation was not ambiguous and that the amendment did not change the estimates significantly. FSS also objects that its prices have been disclosed to the competitive range offerors, placing FSS at a competitive disadvantage and improperly creating an auction.
We deny the protest.
The RFP, as amended through amendment No. 3, solicited proposals for providing labor, equipment and supervision to open, repair, replace or provide various types of locks, lock mechanisms, and cylinders at Interior buildings in Washington, D.C. RFP Sec. C.1. The RFP contemplated award of an ID/IQ contract for a base year with four 1-year options. RFP Sec. F.1 and amend. 3, at 2. At section B of the RFP, offerors were required to provide unit prices and extended prices for 48 CLINs and a total estimated price for the base year and each option year. Extended prices were to be calculated by multiplying the unit price by the estimated minimum quantity. The CLINs were divided into Category A and B items. Category A items included seven numbered supplies (locks, keys, special needs, additional key blanks, panic bars, Corbin/Russwin replacement mortise casement and replacement cams for Russwin mortise casement). Each of these items was broken into sub-items by type and/or manufacturer (e.g., locks were broken into types, such as desk cylinder and file cabinet, and into manufacturer, such as Yale, Schlage and Kwik Set). Category B line items included locksmith labor hours (regular and overtime) and maintenance labor hours (regular and overtime). RFP amend. 3. Award was to be made to the offeror whose proposal was determined to be the best overall value to the government, considering price and technical factors. RFP Sec. M.
Five offerors submitted initial proposals. After discussions, three proposals, including FSS's and Federal Lock's, were determined to be in the competitive range. Agency Report, Mar. 1, 1999, at 1. On December 3, 1998, all three offerors submitted final proposal revisions and prices. Because Interior found the three proposals technically equal, /1/ price became the determining factor. On December 10, the agency made award to FSS as the low-priced offeror. On December 15, the contracting officer sent award notifications, with copies of FSS's price schedule, to the other competitive range offerors. On the same day, the agency conducted a debriefing with Federal Lock.
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