Wackenhut Services, Inc, B-286037; B-286037.2, November 14, 2000
Case: B-286037
Agency:
Protester: Wackenhut Services, Inc, B
Date: 2000-11-14
Sustained
Wackenhut Services, Inc, B-286037; B-286037.2, November 14, 2000
TITLE: Wackenhut Services, Inc, B-286037; B-286037.2, November 14, 2000
BNUMBER: B-286037; B-286037.2
DATE: November 14, 2000
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Wackenhut Services, Inc, B-286037; B-286037.2, November 14, 2000
Decision
Matter of: Wackenhut Services, Inc
File: B-286037; B-286037.2
Date: November 14, 2000
William W. Goodrich, Esq., David A. Vogel, Esq., and Richard J. Webber,
Esq., Arent Fox Kintner Plotkin & Kahn, for the protester.
Myrna E. Friedman, Esq., Sargeant & Friedman, for SecTek, Inc., an
intervenor.
Scott W. Barber, Esq., National Imagery and Mapping Agency, for the agency.
Marie Penny Ahearn, Esq., and John M. Melody, Esq., Office of General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Where cost information was called for by solicitation to "validate that
the proposed costs are consistent with the technical presentation," but
fixed-price contract was to be awarded, agency was not required to conduct
detailed cost analysis of awardee's proposal; agency conducted price
analysis--consisting of comparison of awardee's price with others received
and government estimate--and reasonably concluded that, since the prices
were comparable, there was no basis for finding that awardee lacked
understanding of the requirement.
2. Protest challenging evaluation of awardee's past performance is denied
where awardee and protester both received high ratings from references, and
protester's slightly better ratings were reasonably reflected in its
somewhat higher consensus past performance rating.
3. Protest challenging decision to make award to offeror submitting
higher-priced, higher-rated proposal is sustained where record includes
inadequate documentation supporting selection decision.
DECISION
Wackenhut Services, Inc. protests the award of a fixed-priced award-fee
contract to SecTek, Inc., under National Imagery and Mapping Agency (NIMA)
request for proposals (RFP) No. NMA-401-00-R-0008, for armed guard services
at the Washington Navy Yard. Wackenhut challenges the evaluation on several
grounds, and argues that the agency failed to adequately document the
rationale for its source selection decision.
We sustain the protest.
The RFP provided that award would be made on a best value basis, and that
proposals would be evaluated under the following factors: technical,
management, security (pass/fail), and past performance. Management was more
important than technical, which was more important than past performance,
which was more important than price. The non-price factors were
significantly more important than price. Price was not to be scored. RFP, as
amended (hereinafter RFP), sect.sect. M-2 and M-3, at 38-41.
NIMA received seven proposals. The agency conducted discussions and provided
an opportunity for final proposal revisions; neither SecTek nor Wackenhut
revised their proposal. Contracting Officer's (CO) Statement at 4-5. SecTek
and Wackenhut submitted the two highest-rated proposals as follows (with
raw/weighted scores): [1]
Tech. Mgmt. Past Security Total Total
Perf. Raw Weighted
Score Score
SecTek 94/282 97/582 94/94 Pass 285 958
[2]
Wackenhut 94/282 95/569 99/99 Pass 283 950
Consensus Evaluation; Memorandum for File at 2.
NIMA conducted a price analysis to ensure that total prices were fair and
reasonable. The agency determined that the price proposals of four offerors,
including SecTek's and Wackenhut's, were reasonable based on adequate
competition and favorable comparison to the government estimate. Negotiation
Memorandum at 3. Wackenhut's offered price of $12,239,564 was the lowest of
the four reasonably priced offers, and SecTek's, at $12,331,076, was second
lowest. Abstract of Offers.
The source selection team recommended award to SecTek and the source
selection official (SSO) approved the recommendation. Navy Yard Guard
Contract Recommendation at 1-2 (hereinafter Contract Recommendation). The
agency then conducted a tradeoff analysis and determined that SecTek's
proposal represented the "greatest value" to the government "amongst the
highest rated proposals based on both cost and non-cost factors."
Negotiation Memorandum at 13. In this regard, the agency stated that "the
difference in capability between the higher rated SecTek and the lower rated
Wackenhut [wa]s worth the marginal difference in price between SecTek and
the slightly lower priced Wackenhut." Id.
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