Wilson 5 Service Company, Inc., B-285343.2; B-285343.3, October 10, 2000
Case: B-285343.2
Agency:
Protester: Wilson 5 Service Company, Inc., B
Date: 2000-10-10
Denied
Wilson 5 Service Company, Inc., B-285343.2; B-285343.3, October 10, 2000
TITLE: Wilson 5 Service Company, Inc., B-285343.2; B-285343.3, October 10, 2000
BNUMBER: B-285343.2; B-285343.3
DATE: October 10, 2000
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Wilson 5 Service Company, Inc., B-285343.2; B-285343.3, October 10, 2000
Decision
Matter of: Wilson 5 Service Company, Inc.
File: B-285343.2; B-285343.3
Date: October 10, 2000
Robert G. Fryling, Esq., and Edward J. Hoffman, Esq., Blank Rome Comisky &
McCauley, for the protester.
Robert J. McCall, Esq., General Services Administration, for the agency.
Ralph O. White, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protester's contention that its proposal was improperly excluded from the
competitive range is denied where the decision to exclude the proposal from
further consideration was consistent with applicable regulations, and where
the protester fails to show that the evaluation--upon which the decision to
exclude the proposal was based--was unreasonable or inconsistent with the
stated evaluation criteria.
DECISION
Wilson 5 Service Company, Inc. protests the exclusion of its proposal from
the competitive range under solicitation for offers (SFO) No.
GS-03P-00-DXC-0001, issued by the General Services Administration (GSA) for
facilities engineering maintenance services for six federal buildings in the
Richmond and Norfolk, Virginia areas. Wilson argues that its exclusion from
the competitive range was improper because GSA did not follow the
competitive range procedures identified in its source selection plan. It
also argues that the evaluation of its proposal was unreasonable due to
alleged discrepancies in the scores assigned by one of the evaluators, and
due to the agency's erroneous conclusion that its proposal was weak when, in
Wilson's view, the alleged weaknesses were only minor informational
deficiencies.
We deny the protest.
The GSA issued this solicitation via its Electronic Posting System on March
14, 2000, and anticipated award of a fixed-price 1-year contract followed by
one 2-year option, and three 3-year options, for a total performance period
of 12 years. SFO sect.sect. F.2, 4. The SFO advised potential offerors that GSA
would "select the offeror whose proposal offers the Greatest Value to the
Government in terms of technical and pricing merit," and that technical and
price would be given "approximately equal weight." SFO sect. M.1. It also
advised that total price would be calculated using the price for all option
years, and that technical merit would be calculated using a level of
confidence rating (LOCR). Id. sect.sect. M.1, 2. Four technical evaluation factors
were identified by the SFO--management plan, corporate experience,
qualifications of key personnel, and extent of participation of small
disadvantaged business (SDB) concerns. Id., amend. 3, sect. M.3. Of these four
factors, management plan was the most important, corporate experience and
key personnel were equally important and more important than the factor for
evaluating a proposal's use of SDB concerns, which was the least important
evaluation factor. Id.
Although this solicitation was not reserved for exclusive small business or
HUBZone [1] small business participation, it contained a cascading award
preference, as described below. Specifically, the SFO provided that: (1) if
competitive proposals were received from at least two HUBZone small business
concerns, award would be made to a HUBZone small business; (2) if fewer than
two proposals were received from eligible HUBZone small businesses, but
competitive proposals were received from at least two small businesses,
award would be made to a small business; and (3) if fewer than two proposals
were received from qualified small business concerns, then award would be
made on the basis of full and open competition among all competing offerors.
SFO sect. I.22.
Eleven proposals were received in response to this SFO. Of the 11, 1 was
submitted by a HUBZone small business concern, 6 were submitted by small
businesses not considered HUBZone concerns, and 4 were submitted by large
businesses. After the initial evaluation of offers, the source selection
evaluation board (SSEB) concluded that the competition could not be limited
to HUBZone concerns, but could likely be limited to the seven small business
offerors (including the HUBZone small business concern). Technical Proposal
Evaluation and Consensus Report, at 3.
After the SSEB developed consensus scores for each of the proposals
submitted by a small business, and conducted a detailed review of prices,
the SSEB concluded that there was a natural break in the technical merit
scores between the two highest-rated small business offerors and the five
remaining small businesses.
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