SWR Inc., B-286044.2; B-286044.3, November 1, 2000
Case: B-286044.2
Agency:
Protester: SWR Inc., B
Date: 2000-11-01
Denied
SWR Inc., B-286044.2; B-286044.3, November 1, 2000
TITLE: SWR Inc., B-286044.2; B-286044.3, November 1, 2000
BNUMBER: B-286044.2; B-286044.3
DATE: November 1, 2000
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SWR Inc., B-286044.2; B-286044.3, November 1, 2000
Decision
Matter of: SWR Inc.
File: B-286044.2; B-286044.3
Date: November 1, 2000
Benjamin M. Bowden, Esq., Albrittons, Clifton, Alverson & Moody, for the
protester.
Jacob B. Pompan, Esq., and Gerald H. Werfel, Esq., Pompan, Murray & Werfel,
for Pentad Corporation, an intervenor.
Sharon A. Jenks, Esq., Department of the Air Force, for the agency.
Jeanne W. Isrin, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Past performance evaluation is unobjectionable where it was conducted in
accordance with stated evaluation criteria and is supported by the record;
protester's proposal was reasonably rated neutral under past performance
factor where it showed no relevant prior performance by offeror and,
although protester argues that the relevant experience of its proposed
project manager should have been attributed to the protester, agency
reasonably declined to do so where the individual was not currently employed
by the protester, and the proposal did not contain a firm commitment by the
individual to work for the protester.
DECISION
SWR, Inc. protests the award of a contract to Pentad Corporation under
request for proposals (RFP) No. F09607-00-R0003, issued by the Department of
the Air Force for mess attendant services at Moody AFB, Valdosta, Georgia.
SWR challenges the evaluation of the proposals.
We deny the protest.
Under the statement of work, the contractor was to to provide all personnel,
supervision, and any items and services necessary to perform food service
attendant services. RFP attach. 2 at 3. The RFP, a total small business
set-aside, contemplated the award of a fixed-price contract for a 5-month
base period, with three 1-year options. RFP attach. 3 at 3. The RFP provided
for a best value evaluation based on past performance and price, with past
performance being significantly more important than price. RFP attach. 5 at
1. The past performance factor included the following subfactors: quality of
service, management, and compliance with contract requirements. Id. at 3.
Offerors were required to submit relevant past performance information,
including a list of their last 5 contracts performed within the last
5 years, and all contracts currently in progress. RFP attach. 4 at 3. The
RFP provided that past performance would be considered relevant "if the
services provided are of a similar nature and scope as the requirements
contained in this solicitation . . . . Past performance, for the purpose of
satisfying this requirement, means quality and quantity and level of work
essentially comparable to this acquisition." Id. Following the evaluation,
proposals would be assigned a "Confidence Assessment Rating," based on an
assessment of performance risk. RFP attach. 5 at 2. Offers having no
relevant past performance would be given a neutral rating for past
performance. Id. at 3. The RFP warned that, although price would be
evaluated, the government might award to other than the low-priced offeror.
Id. at 1.
Several proposals were received and evaluated. Although all seven past
performance references provided by SWR rated the firm exceptional or very
good under each past performance subfactor, the agency found that the prior
contracts were not similar in nature and scope to the RFP requirement, and
therefore were not relevant; SWR's proposal thus was rated neutral overall
for past performance. Agency Report (AR), sect. 10, at 2. Pentad's proposal
referenced three current food service contracts at defense installations,
all of which were deemed relevant. For two of the contracts, Pentad's
performance was rated exceptional, and for the third it was rated very good;
this resulted in an overall exceptional rating under the past performance
factor. Id. at 4. Pentad's price, $1,829,979.81, was the lowest among four
proposals rated exceptional; SWR's proposal was one of five rated neutral,
and was the lowest-priced overall at $1,644,542.80. Id. at 7, 8. The source
selection authority (SSA) compared Pentad's proposal to the one proposal
rated satisfactory (which was the second lowest-priced overall at
$1,649,817.90), and determined the premium was reasonable given the superior
quality reflected in Pentad's exceptional past performance rating. Thus,
Pentad's offer was determined to represent the best value to the government,
and award was made to that firm. Id. at 8, 9. Following a debriefing, SWR
filed this protest. AR, Memorandum of Law, at 1.
SWR objects to its neutral past performance rating.
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