MCS Management, Inc., B-285813; B-285882, October 11, 2000
Case: B-285813
Agency:
Protester: MCS Management, Inc., B
Date: 2000-10-11
Denied
MCS Management, Inc., B-285813; B-285882, October 11, 2000
TITLE: MCS Management, Inc., B-285813; B-285882, October 11, 2000
BNUMBER: B-285813; B-285882
DATE: October 11, 2000
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MCS Management, Inc., B-285813; B-285882, October 11, 2000
Decision
Matter of: MCS Management, Inc.
File: B-285813; B-285882
Date: October 11, 2000
Sam Z. Gdanski, Esq., Jeffrey I. Gdanski, Esq., and Scott H. Gdanski, Esq.,
for the protester.
Julius Rothlein, Esq., U.S. Marine Corps, and Genemarie M. Pade, Esq., Small
Business Administration, for the agencies.
David A. Ashen, Esq., and John M. Melody, Esq., Office of General Counsel,
GAO, participated in preparation of the decision.
DIGEST
1. Protest that agency requirements for regional garrison food service
should be set aside for small business concerns is denied where agency
reasonably determined that there was no reasonable expectation of receiving
fair market price offers from at least two responsible small business
concerns; there was no indication that small business concerns had
experience performing food service contracts of the scope and complexity of
the new regional requirements, which combined features such as
geographically dispersed messhalls across an entire region, rather than at
individual installations; responsibility for the management of numerous
messhalls, rather than for just a few messhalls or for only less demanding
mess attendant services; need for use of advanced food technology, including
centralized food processing; and responsibility for the purchase and
ownership of subsistence.
2. Protest that agency improperly consolidated its garrison food service
requirements, including work currently performed under 11 contracts and work
currently performed by the government, into two regional contracts is
dismissed where there is no showing that protester was prejudiced by
consolidation; although protester challenges claimed benefits of the
consolidated procurement approach, it failed to demonstrate that
consolidation significantly inhibited or precluded its competing for the
award, and instead argued that the requirements do not differ significantly
in character from its current food service contracts and that it can perform
the consolidated requirement.
DECISION
MCS Management, Inc. protests the terms of request for proposals (RFP)
Nos. M00027-00-R-0001 (RFP 0001) and M00027-00-R-0002 (RFP 0002), issued by
the U.S. Marine Corps (USMC) for regional garrison food service. MCS, a
small business concern, argues that the requirements should be set aside for
small business concerns. MCS also challenges the consolidation of the
agency's food service requirements into two contracts (from 11 contracts
currently).
We deny the protests.
BACKGROUND
The RFPs provide for award of two primarily fixed-price incentive contracts,
with a base period of 5 years, with 3 option years, to provide regional
garrison food service at: (1) 32 messhalls on the east coast (RFP 0001),
including messhalls at the Marine Barracks, in the District of Columbia;
Henderson Hall, Marine Corps Base Quantico, and Marine Security Force
Battalion Norfolk in Virginia; Camp Lejeune, Marine Corps Air Stations
Cherry Point and New River, and Marine Corps Auxiliary Landing Field Bogue,
in North Carolina; and Marine Corps Recruit Depot Parris Island and Marine
Corps Air Station Beaufort in South Carolina; and (2) 23 messhalls on the
west coast (RFP 0002), including messhalls at Camp Pendelton, 29 Palms,
Marine Corps Air Station Miramar, Marine Corps Recruit Depot San Diego, and
Mountain Warfare Training Center Bridgeport, in California; and Marine Corps
Air Station Yuma in Arizona. USMC currently is contracting for full food
service at eight of the messhalls, including three operated by MCS (two at
Camp Lejeune and one at Camp Pendelton) and five operated by National
Industries for the Severely Handicapped (NISH) workshops; MCS currently
provides messhall management, food preparation and mess attendant services
at its three full food service messhalls.
Under the solicitations, the number of full food service messhalls will
increase to 35. USMC has current contracts for mess attendant services at 28
of the messhalls, including 18 serviced by MCS and 10 serviced by four other
small business concerns. Under the solicitations, mess attendant messhalls
will be reduced in number to 17 and will become management and mess
attendant messhalls, with the contractors now also responsible for
management of the messhalls (as well as furnishing mess attendant services).
(Food preparation will continue to be performed by USMC cooks at the
management and mess attendant messhalls). The contractors also will become
responsible under the solicitations for management and food preparation for
three brig messhalls not previously contracted out.
Full decision text continues on ProtestIntel...