Eurest Support Services, B-285813.3; B-285813.4; B-285813.5; B-285882.4; B‑285882.5; B-285882.7, July 3, 2001
Case: B-285813.3
Agency:
Protester: Eurest Support Services, B
Date: 2001-07-03
Sustained
Eurest Support Services, B-285813.3; B-285813.4; B-285813.5; B-285882.4; B‑285882.5; B-285882.7, July 3, 2001
TITLE: Eurest Support Services, B-285813.3; B-285813.4; B-285813.5; B-285882.4; B‑285882.5; B-285882.7, July 3, 2001
BNUMBER: B-285813.3; B-285813.4; B-285813.5; B-285882.4; B‑285882.5; B-285882.7
DATE: July 3, 2001
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Eurest Support Services, B-285813.3; B-285813.4; B-285813.5; B-285882.4;
B‑285882.5; B-285882.7, July 3, 2001
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: Eurest Support Services
File: B-285813.3; B-285813.4; B-285813.5; B-285882.4;
B‑285882.5; B-285882.7
Date: July 3, 2001
James J. Regan, Esq., Shauna E. Alonge, Esq., Elizabeth W. Newsom, Esq.,
and Daniel R. Forman, Esq., Crowell & Moring LLP, for the protester.
Mathew S. Perlman, Esq., Richard J. Webber, Esq., and Natalie S. Walters,
Esq., Arent Fox, for Sodexho Marriott Management, an intervenor.
Julius Rothlein, Esq., Headquarters U.S. Marine Corps, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest against award of primarily fixed-price incentive contracts for
regional garrison food service at U.S. Marine Corps installations is
sustained where agency did not properly assess realism of awardee's low
proposed target price, which was the principal basis for determination
that awardee's evaluated price was low.
DECISION
Eurest Support Services (ESS) protests the U.S. Marine Corps's (USMC)
award of a contract to Sodexho Marriott Management (SMM) under request for
proposals (RFP) Nos. M00027-00-R-0001 and
M00027‑00‑R‑0002, for regional garrison food service.
The protester challenges the evaluation of technical and cost proposals.
We sustain the protest.
BACKGROUND
The RFPs provided for award of two primarily fixed-price incentive
contracts for a base period of 5 years, with 3 option years, to provide
regional garrison food service at 32 messhalls on the East Coast and 23
messhalls on the West Coast. USMC had previously contracted for full food
service at 10 of the messhalls; under the solicitations, the number of
full food service messhalls increased to 35. USMC had current contracts
for mess attendant services at 29 of the messhalls; under the
solicitations, mess attendant messhalls were reduced in number to 18 and
will become management and mess attendant messhalls, with the contractor
now also responsible for management of the messhalls. (Food preparation
will continue to be performed by USMC cooks at the management and mess
attendant messhalls.) The contractor also will be responsible for
management and food preparation for several brig messhalls not previously
contracted out. In addition, the solicitations provided for the
contractor to assume responsibility for the procurement of food (the price
of which was to be included in the fixed incentive price per meal) and
(after a transition period) maintenance (on a fixed-price basis) and
repair (on a time and materials (T&M) basis) of food preparation and
serving equipment, previously the responsibility of the government. RFPs
at C1.3; Agency Comments, June 22, 2001, Tab 52a. Further, 20 messhalls
were set aside under the Javits-Wagner-O'Day Act (JWOD), 41 U.S.C.
S: 46‑48c, for JWOD organizations for the blind or other severely
handicapped to operate as subcontractors. RFPs S: H.5(f).
Award was to be made to the offeror whose proposal represented the best
value to the government. The solicitations provided for proposals to be
evaluated based on four criteria: (1) price; (2) integrated organization
and management, including subfactors for organization and management plan
(including proposed staffing), advanced food technology plan, quality
control plan, and phase‑in plan; (3) small business subcontracting
plan; and (4) past performance. Price was the most important criterion
and was equal in importance to the other criteria combined. Integrated
organization and management was significantly more important than the
small business subcontracting plan and past performance combined, while
the small business subcontracting plan was significantly more important
than past performance.
Full decision text continues on ProtestIntel...