United Janitorial Services; Olympus Building Services, Inc., B-286769.3; B-286769.4, June 5, 2001
Case: B-286769.3
Agency:
Protester: United Janitorial Services; Olympus Building Services, Inc., B
Date: 2001-06-05
Denied
United Janitorial Services; Olympus Building Services, Inc., B-286769.3; B-286769.4, June 5, 2001
TITLE: United Janitorial Services; Olympus Building Services, Inc., B-286769.3; B-286769.4, June 5, 2001
BNUMBER: B-286769.3; B-286769.4
DATE: June 5, 2001
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Decision
Matter of: United Janitorial Services; Olympus Building Services, Inc.
File: B-286769.3; B-286769.4
Date: June 5, 2001
Lawrence J. Sklute, Esq., Sklute & Associates, and Ruth E. Ganister, Esq.,
Rosenthal and Ganister, for the protesters.
Wilson J. Campbell, Esq., Naval Facilities Engineering Command, for the
agency.
Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency reasonably downgraded protester's proposal on basis that it
offered only one part-time quality control manager to perform all required
inspections--which agency found would be inadequate to cover large number of
buildings spread across large area--and did not include certain information
required by the solicitation.
2. Price/technical tradeoff was reasonable where agency determined that only
meaningful difference between awardee's and protester's proposals was in
experience and past performance, and that protester's superiority in this
area was not worth its higher price.
DECISION
United Janitorial Services and Olympus Building Services, Inc. protest the
award
of a contract to Nova Commercial Company under request for proposals (RFP)
No. N68711-00-R-7734, issued by the Department of the Navy for janitorial
services. United argues that the Navy improperly evaluated its proposal.
Olympus protests the evaluation of its proposal, and price/technical
tradeoff.
We deny the protests.
The RFP, which contemplated the award of a fixed-price contract for a base
year, with four 1-year options, covers custodial and janitorial services at
approximately 258 buildings spread over 11 locations covering an area 15
miles in diameter. RFP, amend. 3, Building List; Contracting Officer's
Statement-United (COS-United) at 2. The solicitation provided for award on a
best value basis with technical factors approximately equal to price, and
notified offerors that the agency intended to award the contract without
holding discussions. The technical evaluation factors and subfactors were
listed as follows:
Factor A: Past Performance
Subfactor A1 - Specific Custodial/Janitorial Past Performance
Factor B: Experience
Subfactor B1 - Specific Custodial/Janitorial Experience
Factor C: Management/Administration Plan
Subfactor C1 - Management Plan for Work Accomplishment
Subfactor C2 - Detailed Management Plan for Quality Control
Subfactor C3 - Management Plan for Contract Administration
Subfactor C4 - On Site Staff and Organizational Structure
RFP amend. 3, sect. M, at 2-3.
Fourteen offerors, including United, Olympus and Nova, submitted technical
proposals, which were evaluated by a technical evaluation board (TEB) under
each factor and subfactor as exceptional, very good, acceptable, marginal,
unacceptable or neutral. The TEB reported its conclusions to a source
selection board that analyzed the proposed prices, and performed an
integrated assessment of the proposals based on the price and technical
factors. Following this process, Nova's proposal was rated overall very
good, and Olympus's exceptional, and both were determined to be reasonably
priced, at $12,951,564.74 and $[DELETED] respectively. United's proposal was
rated overall marginal, and unacceptable for award as submitted. Business
Clearance Memorandum (BCM) at 9; COS-United at 5. The evaluation results
were forwarded to the source selection authority (SSA), who determined that
Nova's proposal represented the best value, and therefore made award to Nova
on the basis of its initial proposal.
UNITED PROTEST
United's proposal was downgraded based on marginal ratings under subfactors
C2 and C4. United challenges these ratings. [1] In reviewing a protest
against an agency's proposal evaluation, our role is limited to ensuring
that the evaluation was reasonable and consistent with the terms of the
solicitation. National Toxicology Labs, Inc., B-281074.2, Jan. 11, 1999,
99-1 CPD para. 5 at 3. We have reviewed the record and, as discussed below, find
that the evaluation of United's proposal was reasonable.
Subfactor C2--Detailed Management Plan for Quality Control
Under subfactor C2, the solicitation stated:
(i) Provide the offeror's detailed plan for Quality Control procedures and
management in accordance with Section C, "Contractor Quality Control," and
describe its intended plan to work with the Government Quality Assurance
(QA) program.
RFP amend. 3, sect. M, at 4. The agency found that, while United's proposal
provided an adequate quality control plan, it included only one quality
control manager, who was also the safety manager and the alternate project
manager.
Full decision text continues on ProtestIntel...