Burns and Roe Services Corporation, B-282437.3, November 30, 1999

B-282437.3 Nov 30, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Is dismissed as untimely where the protester waited until after award to raise this issue. Contemplated the award of a combination fixed-price/indefinite quantity award fee contract to the responsible offeror whose proposal was determined to represent the best value to the government. Was added as a second location for crew berthing. Pricing for Crew Berthing will not be considered when evaluating price. "even though crew berthing was a factor in competitive pricing because it was no longer reimbursable. It was not being specifically evaluated for any purpose.". Added language to section C1.6.8 that the current crew berthing rate at Gold Hill was $6 per day per person. The effect of amendment No. 6 "was to reinstate consideration of crew berthing in [the] evaluation of pricing.". View Decision Matter of: Burns and Roe Services Corporation File: B-282437.3 Date: November 30, 1999 DIGEST Attorneys DECISION Burns and Roe Services Corporation (BRSC) protests the award of a contract to Kvaerner Process Services, Inc. (KPSI) under request for proposals (RFP) No. N62470-98-R-4510, issued by the Department of the Navy for base operating services at the U.S. Naval Base, Guantanamo Bay, Cuba. BRSC challenges the agency's decision to consider an offeror's proposed crew berthing costs in the price evaluation. We dismiss the protest. BACKGROUND Solicitation and Amendments The RFP, issued on December 7, 1998, contemplated the award of a combination fixed-price/indefinite quantity award fee contract to the responsible offeror whose proposal was determined to represent the best value to the government, technical evaluation factors (past performance, corporate experience, work accomplishment/staffing, and financial capability) and price considered. RFP at L-3, M-7. /1/ As relevant here, the RFP as initially issued contained a provision at section C1.6.8, captioned "Crew Berthing," which provided that the government would reimburse the contractor for actual crew berthing costs at $6 per day per person at the Gold Hill Contractor Berthing Facility, operated by the Naval Station under a Memorandum of Understanding with the Morale, Welfare, and Recreation (MWR) Department, a non-appropriated fund instrumentality of the government. RFP at C.1-7. The RFP schedule, line item No. 0001AA, listed crew berthing as a direct cost at $6 each. RFP at B-3. Under the RFP as initially issued, an offeror's proposed crew berthing costs would not be evaluated, at least up to the RFP's $6 rate. Contracting Officer's (CO) Statement at 2. During the conduct of this procurement, the agency issued several amendments addressing crew berthing costs. Amendment No. 1, issued on February 12, 1999, removed from section C1.6.8 any reference to the $6 per day per person reimbursable crew berthing rate and removed line item No. 0001AA from the RFP schedule. RFP amend. 1, at C.1-7, B-3. Under amendment No. 1, crew berthing costs would be considered as part of an offeror's total proposed cost. CO Statement at 2. In section C1.6.8 of amendment No. 3, issued on February 28, the crew camp known as Hibiscus Hollow, currently owned and operated by KPSI, was added as a second location for crew berthing. RFP amend. 3, at C.1-7. This amendment also stated that the government would not reimburse the contractor for crew berthing costs, id., and accordingly, these costs would be evaluated as part of an offeror's total proposed cost. CO Statement at 2. Amendment No. 5, issued on March 19, made no changes to section C1.6.8, but amended section L.11 by requiring offerors to submit supplemental pricing information, including information on crew berthing costs. This amendment added the following provision: NOTE. The Offeror must furnish the pricing information for the base year and four option years. Any significant price changes in the option years must be explained. Pricing for Crew Berthing will not be considered when evaluating price. RFP amend. 5, at L-7. Under amendment No. 5, "even though crew berthing was a factor in competitive pricing because it was no longer reimbursable, it was not being specifically evaluated for any purpose." CO Statement at 2. Amendment No. 6, issued on May 17, added language to section C1.6.8 that the current crew berthing rate at Gold Hill was $6 per day per person. RFP amend. 6, at C.1-7. Amendment No. 6 also deleted page L-7 of amendment No. 5, see id. at 2 (list of deleted pages and replacement pages), which contained the supplemental pricing information requirement and note that crew berthing costs would not be considered when evaluating price, as quoted above. Therefore, the effect of amendment No. 6 "was to reinstate consideration of crew berthing in [the] evaluation of pricing." CO Statement at 3. On a separate page in amendment No.