DGR Associates, Inc., B-285428; B-285428.2, August 25, 2000
Case: B-285428
Agency:
Protester: DGR Associates, Inc., B
Date: 2000-08-25
Denied
DGR Associates, Inc., B-285428; B-285428.2, August 25, 2000
TITLE: DGR Associates, Inc., B-285428; B-285428.2, August 25, 2000
BNUMBER: B-285428; B-285428.2
DATE: August 25, 2000
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DGR Associates, Inc., B-285428; B-285428.2, August 25, 2000
Decision
Matter of: DGR Associates, Inc.
File: B-285428; B-285428.2
Date: August 25, 2000
Darcy V. Hennessy, Esq., Moore Hennessy & Freeman, for the protester.
Gregory H. Petkoff, Esq., John E. Lariccia, Esq., and Martin C. O'Brien,
Esq., Department of the Air Force, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that contracting agency unreasonably evaluated the protester's
and awardee's competing proposals under certain technical evaluation factors
is denied where the record shows that the evaluation was reasonable; the
protester's mere disagreement does not render the agency's judgment
unreasonable.
2. Protester's contention that the evaluation of past performance was flawed
because the awardee's performance history is not relevant to the solicited
services is denied where the record shows that the solicitation anticipated
reviewing a broader level of prior experience than the solicited services,
and also shows that the assessment of the awardee's past performance was
reasonable and consistent with the evaluation factor.
DECISION
DGR Associates, Inc. protests the award of a contract to Chugach Management
Services, Inc. (CMSI) under request for proposals (RFP) No.
F04700-99-R-0043, issued by the Department of the Air Force for military
family housing maintenance (MFHM) services at the Air Force Flight Test
Center, Edwards Air Force Base, California. DGR principally challenges the
evaluation of its own proposal as well as the awardee's proposal.
We deny the protests.
The solicitation was issued as a competitive procurement set aside for small
disadvantaged businesses under the Small Business Administration's (SBA)
section 8(a) program, 15 U.S.C. sect. 637(a) (1994). RFP sect. A. The RFP
contemplated award of a hybrid fixed-price/award-fee contract, with
fixed-price requirements as well as cost-reimbursement line items for a base
period with six 1-year options. RFP sect. B. As amended, the RFP required a
contractor to provide all labor, materials, equipment, and supervision to
perform the solicited services in accordance with the performance work
statement (PWS). The services to be provided include maintenance management,
24-hour service calls, change of occupancy maintenance, equipment
maintenance, cleaning of abandoned quarters, facility upgrade/maintenance,
and grounds maintenance. RFP attach. 1.
The RFP provided for award without discussions, on a best value basis, price
and other factors considered. RFP amend. 6, sect. M.B.1.1. The evaluation
factors were listed in descending order of importance as: mission
capability, price, past performance, and proposal risk. Id. sect. M.B.2.1. The
RFP further advised that the non-price factors were of equal importance and,
when combined, were significantly more important than price; however, price
was a substantial factor in award.
Id. sect. M.B.2.2. Under the RFP's evaluation scheme, mission capability was to
be assigned color/adjectival ratings of blue/exceptional, green/acceptable,
yellow/marginal, or red/unacceptable, and assessed for proposal risk using
the ratings of low, moderate, and high. Id. sect.sect. M.B.7.1, M.B.7.3, M.B.6.0.
Past performance was to be evaluated through the assignment of a confidence
assessment rating based on an offeror's demonstrated performance which is
current, recent, and relevant to the mission capability factor and price.
[1] The evaluation would focus on the offeror's demonstrated performance
record in effective contract and subcontract management, responsive
scheduling, timeliness, workload fluctuations, customer satisfaction,
quality, government interface, effective use of resources, and environmental
and safety compliance. Id. sect.sect. M.B.5.1, M.B.7.4. The past performance
evaluation also would include a performance assessment of subcontractors who
would perform major or critical aspects of the
solicited services; the RFP cautioned offerors that the agency also would
consider information obtained from other sources. Id. sect.sect. M.B.5.3, L.II.5.1.
Price proposals were to be evaluated for affordability and reasonableness
based on the total price for the basic requirements and all options. Id. sect.
M.B.4.1.
The RFP included detailed instructions for the preparation of proposals, and
requested that the offerors' proposals consist of three volumes. Volume 1
was to be organized to respond to the mission capability evaluation factor
and was limited to 50 pages. Volume 2 was to include, among other things, a
price proposal; there was no page limitation.
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