J&J Maintenance, Inc., B-284708.2; B-284708.3, June 5, 2000
Case: B-284708.2
Agency:
Protester: J&J Maintenance, Inc., B
Date: 2000-06-05
Sustained
J&J Maintenance, Inc., B-284708.2; B-284708.3, June 5, 2000
TITLE: J&J Maintenance, Inc., B-284708.2; B-284708.3, June 5, 2000
BNUMBER: B-284708.2; B-284708.3
DATE: June 5, 2000
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J&J Maintenance, Inc., B-284708.2; B-284708.3, June 5, 2000
Decision
Matter of: J&J Maintenance, Inc.
File: B-284708.2; B-284708.3
Date: June 5, 2000
James J. McCullough, Esq., and Catherine E. Pollack, Esq., Fried, Frank,
Harris, Shriver & Jacobson, for the protester.
Stephen G. Anderson, Esq., Baker, Donelson, Bearman & Caldwell, for Day &
Zimmermann Services, an intervenor.
Nicholas P. Retson, Esq., and Raymond M. Saunders, Esq., Department of the
Army, for the agency.
Peter A. Iannicelli, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of source selection decision is sustained where the record does not
establish the reasonableness of the evaluation or the cost/technical
tradeoff underlying the source selection.
DECISION
J&J Maintenance, Inc. protests the Army's award of a contract to Day &
Zimmermann Services (D&Z) pursuant to request for proposals (RFP) No.
DAKF11-98-R-0011. [1] The protester contends that the decision to award to
D&Z on the basis of its higher-priced proposal was flawed because the agency
unreasonably downgraded the protester's proposal and evaluated proposals
unequally, giving D&Z's proposal higher ratings in a number of areas even
though J&J's proposal contained similar or better features.
We sustain the protest.
Issued on June 8, 1998, the RFP solicited proposals for maintenance and
repair of family housing and for operation of a "self-help" center at Fort
Polk, Louisiana. RFP amend. 7, sect. C.1.1. The RFP contemplated award of a
fixed-price requirements contract to include a 1-month phase-in period, a
1-year basic contract period, and two optional 1-year periods. Id., sect. B.
The contract was to be awarded on the basis of best value. The evaluation
factors (and their relative weights) were quality ([deleted] percent), price
([deleted] percent), and past performance ([deleted] percent). RFP
amend. 0009, sect.sect. M.2, M.5; Agency Report, Tab Q, Source Selection Decision,
at 1. Within the quality factor, management and technical were equally
important subfactors. Management approach, staffing and qualifications,
subcontracting plan, and phase in/phase out were listed as elements of the
management subfactor. Resources, quality control/corrective action program,
and methodology were listed as elements of the technical subfactor. RFP
amend. 9, sect. M.6. Only quality and past performance were given point scores;
price was evaluated for reasonableness and balance. Id., sect. M.7. The RFP
required the quality portion of each offeror's proposal to be presented
orally, with slides, and indicated that the agency intended to award the
contract without discussions. RFP amend. 0007, sect. L.13.1.
Six firms, including J&J, the incumbent contractor, submitted proposals by
the February 10, 1999 closing. Each offeror made an oral presentation in
April, and revised price proposals were received in August. [2] After
evaluation, two proposals were rated unsatisfactory, while the four
acceptable offers were ranked as follows:
Offeror Quality/Past Adjectival Total Price
Performance Rating
Score
D&Z [deleted] [deleted] [deleted]
Offeror B [deleted] [deleted] [deleted]
Offeror C [deleted] [deleted] [deleted]
J&J [deleted] [deleted] [deleted]
Agency Report, Tab P, Combined Pre-Negotiation Objective/Price Negotiation
Memorandum, at 10-14. After reviewing the evaluations, the source selection
official (SSO) decided to award the contract on the basis of initial
proposals without discussions. Noting that D&Z's proposal had the highest
score under the quality factor, the SSO determined that D&Z's proposal
represented the best overall value to the government and that it would be
worth the additional expenditure to have D&Z, rather than J&J, perform the
work. Agency Report, Tab Q, Source Selection Decision Document, at 1, 3-4.
Accordingly, the contract was awarded to D&Z on February 14. After a
debriefing, J&J filed this protest.
Our Office will question an agency's evaluation and selection decisions only
where they violate a procurement statute or regulation, lack a reasonable
basis, or are inconsistent with the stated evaluation and selection scheme.
See B. Diaz Sanitation, Inc., B-283827, B-283828, Dec. 27, 1999, 2000 CPD
para. 4 at 6. We cannot perform a meaningful review of an agency's evaluation
and source selection if the agency record lacks adequate documentation to
support the evaluation of proposals and the selection decision. Biospherics
Inc., B-278508.4 et al., Oct.
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