Support Services, Inc., B-282407; B-282407.2, July 8, 1999
Case: B-282407
Agency:
Protester: Support Services, Inc., B
Date: 1999-07-08
Denied
Support Services, Inc., B-282407; B-282407.2, July 8, 1999
TITLE: Support Services, Inc., B-282407; B-282407.2, July 8, 1999
BNUMBER: B-282407; B-282407.2
DATE: July 8, 1999
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Support Services, Inc., B-282407; B-282407.2, July 8, 1999
Decision
Matter of: Support Services, Inc.
File: B-282407; B-282407.2
Date: July 8, 1999
William T. Welch, Esq., and William B. Barton, Jr., Esq., Barton, Mountain &
Tolle, for the protester.
Darcy V. Hennessy, Esq., Moore, Hennessy & Freeman, for DGR Associates,
Inc., an intervenor.
Peter Ries, Esq., and Richard G. Welsh, Esq., Naval Facilities Engineering
Command, for the agency.
Marie Penny Ahearn, Esq., David A. Ashen, Esq., and John M. Melody, Esq.,
Office of the General Counsel, GAO, participated in the preparation of the
decision.
DIGEST
Protest against evaluation of protester's past performance/relevant
experience is denied where (1) notwithstanding statement in contemporaneous
evaluation record concerning number of references considered, record as a
whole indicates that all relevant references furnished by the protester were
considered, (2) agency reasonably evaluated awardee's experience with larger
housing maintenance contracts more favorably than protester's, and (3)
agency reasonably determined that protester's experience performing
interstate rest area maintenance work was not relevant, since contract to be
awarded was for housing maintenance and repair.
DECISION
Support Services, Inc. (SSI) protests the Naval Facilities Engineering
Command's award of a contract to DGR Associates, Inc., under request for
quotations (RFQ) No. N68950-99-Q-0183, for maintenance and repair of 240
military family housing
units at the Marine Corps Support Activity in Belton, Missouri. [1] SSI
challenges the evaluation of past performance/relevant experience and argues
that the award was based on a defective price/past performance tradeoff.
We deny the protest.
The RFQ provided for award to the responsible vendor whose conforming
submission was most advantageous to the government, price and past
performance/relevant experience considered. The RFQ stated that the agency
would "review information about the offerors' past performance within the
last five years on work that is similar to this solicitation in size, scope,
and complexity," and that "[m]ore recent and relevant experience may be
viewed more favorably." RFQ at 19. Vendors were to submit past performance
narratives and references for "three (3) to five (5) housing maintenance
projects within the last five years" that "demonstrate required capability
and experience to successfully perform the requirements of this
solicitation." RFQ at 19, 29. This information was to be submitted on a
"Reference Questionnaire" form (included in the RFQ) which included a
section designated for "government use," in which quality, timeliness, cost
control, customer satisfaction, and safety criteria were to be rated on a
scale of poor, fair, good, and excellent. (In the actual evaluation, the
contracting officer contacted the references and noted their ratings on the
form.) The solicitation further provided that "[p]rice [was to be]
considered relatively more important than past performance." RFQ at 19.
The agency received quotations from nine vendors, including SSI and DGR. SSI
submitted the low quote of $[deleted], while DGR submitted the second low
quote of $1,098,500.80. After performing a price/past performance analysis
of the three low quotes, the contracting officer determined that DGR‘s
was the most advantageous to the government based on the firm's more
extensive experience and superior past performance reference ratings (an
average rating of "good +" compared to SSI's average of "good").
Determination of Responsibility and Price Reasonableness, Mar. 22, 1999, at
3. [2] Specifically, the contracting officer determined that DGR
"demonstrated more experience in the number of references provided and the
number of housing units under each contract than provided by Support
Services," and noted that "DGR's references rated them higher than the
references rated Support Services." Id. Upon learning of the resulting award
to DGR, and after being debriefed by the agency, SSI filed this protest with
our Office.
SSI argues that the agency misevaluated past performance/relevant experience
and failed to give greater weight to price in the price/past performance
tradeoff as required by the RFQ.
In reviewing a protest against an agency's evaluation of proposals, we
examine the record to determine whether the agency's judgment was reasonable
and consistent with the stated evaluation criteria and applicable statutes
and regulations. Environmental Affairs Management, Inc., B-277270, Sept. 23,
1997, 97-2 CPD para. 93 at 4.
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