J.W. Holding Group & Associates, Inc., B-285882.11; B-285882.12, October 23, 2002
Case: B-285882.11
Agency:
Date: 2002-10-23
Denied
J.W. Holding Group & Associates, Inc., B-285882.11; B-285882.12, October 23, 2002
TITLE: J.W. Holding Group & Associates, Inc., B-285882.11; B-285882.12, October 23, 2002
BNUMBER: B-285882.11; B-285882.12
DATE: October 23, 2002
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J.W. Holding Group & Associates, Inc., B-285882.11; B-285882.12, October 23,
2002
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: J.W. Holding Group & Associates, Inc.
File: B-285882.11; B-285882.12
Date: October 23, 2002
Daniel S. Koch, Esq., Paley, Rothman, Goldstein, Rosenberg & Cooper, for
the protester.
Thomas J. Madden, Esq., Lars E. Anderson, Esq., John J. Pavlick, Jr.,
Esq., and Rebecca E. Pearson, Esq., Venable, Baetjer & Howard, for Sodexho
Management, Inc., an intervenor.
Julius Rothlein, Esq., 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
Agency's new price realism determination was consistent with limitation on
reopened discussions (which essentially restricted changes to price
proposals) where, although it was based on staffing not clearly indicated
in awardee's prior technical proposal, that staffing level was reflected
in prior price proposal.
DECISION
J.W. Holding Group & Associates, Inc. (JWH) protests the U.S. Marine
Corps's (USMC) award of a contract to Sodexho Management, Inc. (SMI) under
request for proposals (RFP) No. M00027‑00‑R‑0002, for
food services. JWH challenges the evaluation of proposals.
We deny the protest.
BACKGROUND
The RFP provided for award of a primarily fixed-price incentive contract
for a base period of 5 years, with 3 option years, to provide regional
garrison food service at 23 messhalls on the West Coast. (Another RFP,
No. M00027‑00‑R‑0001, provided for award of a similar
contract for 32 messhalls on the East Coast.) Under the solicitation, the
contractor would provide full food service at 13 of the 23 West Coast
messhalls, and management and mess attendant services (with food
preparation performed by USMC cooks) at 10 of the messhalls. In addition,
the contractor would 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 basis) of food preparation and serving
equipment. Further, seven messhalls were set aside under the
Javits-Wagner-O'Day Act (JWOD), 41 U.S.C. S: 46‑48c (2000), for
performance by JWOD organizations for the blind or other severely
handicapped as subcontractors. RFP S: H.5(f).
Award was to be made to the offeror whose proposal represented the *best
value* to the government based on four evaluation factors: (1) price;
(2) integrated organization and management, including subfactors for
organization and management plan, 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. With respect
to price, the solicitation provided for an evaluation *to determine that
the price . . . is realistic for the work to be performed; i.e., it
reflects a clear understanding of the requirement and is consistent with
the various elements of the offeror's technical proposal.* RFP
S: M.3.4.1. (The solicitation indicated that, in addition to
consideration under the price criterion, results of the price realism
analysis may be used in making the performance risk assessment and
responsibility determination. Id.) The solicitations specified that the
price realism evaluation would include consideration of the completeness
(with respect to required pricing information), reasonableness and realism
of the proposed prices.
Four offerors submitted proposals. SMI's, JWH's and a third offeror's
(Eurest Support Services (ESS)) proposals were included in the competitive
range. After conducting written and oral discussions, USMC requested
final proposal revisions (first FPRs). Based on its evaluation of the
resulting first FPRs, the agency concluded that SMI's proposal represented
the best value and therefore made award to SMI. (SMI also received the
award under the East Coast solicitation.)
JWH protested the award; we denied that protest. J.W.
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