Urban-Meridian Joint Venture, B-287168; B-287168.2, May 7, 2001
Case: B-287168
Agency:
Protester: Urban
Date: 2001-05-07
Denied
Urban-Meridian Joint Venture, B-287168; B-287168.2, May 7, 2001
TITLE: Urban-Meridian Joint Venture, B-287168; B-287168.2, May 7, 2001
BNUMBER: B-287168; B-287168.2
DATE: May 7, 2001
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Urban-Meridian Joint Venture, B-287168; B-287168.2, May 7, 2001
Decision
Matter of: Urban-Meridian Joint Venture
File: B-287168; B-287168.2
Date: May 7, 2001
Michael A. Gordon, Esq., Holmes, Schwartz & Gordon, for the protester.
Benjamin N. Thompson, Esq., and Jennifer M. Miller, Esq., Wyrick Robbins
Yates & Ponton, for B&W Contract Services, Inc., an intervenor.
Thomas Y. Hawkins, Esq., GSA-Public Buildings Service, 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. In evaluating experience and past performance of joint venture under
Small Business Administration mentor-prot�g� program, agency properly
considered that small business prot�g�, which would be performing a majority
of the work under the contract, had no relevant experience.
2. Agency's evaluation of protester's proposal as unacceptable under
staffing and approach factor was unobjectionable where agency reasonably
determined that protester did not propose sufficient staffing, and that the
proposed on-site supervisor did not have all experience required by the
solicitation.
3. In evaluating experience and past performance, agency reasonably credited
awardee, a new business entity, with the experience of employees who worked
on identical contract for predecessor firm.
DECISION
Urban-Meridian Joint Venture protests the award of a contract to B&W
Contract Services, Inc. (BWCS) under request for proposals (RFP) No.
GS-09P-00-KSC, issued by the General Services Administration (GSA) for
operation, maintenance and repair services at the United States Court of
Appeals in San Francisco, California. Urban-Meridian principally challenges
the evaluation of proposals.
We deny the protest.
The solicitation provided for an evaluation based on experience/past
performance, staffing/approach, and price; the non-price factors were more
important than price. Eight offerors responded to the solicitation,
including Urban-Meridian and BWCS. Based on the technical evaluation,
Urban-Meridian's proposal was ranked fourth and BWCS's first.
Urban-Meridian's price was low and BWCS's seventh low. The source selection
authority found that BWCS's significantly superior technical proposal was
worth its additional cost, and that it therefore represented the best value.
Accordingly, award was made to BWCS.
Urban-Meridian challenges the evaluation of its and the awardee's proposals
under both the experience/past performance and staffing/approach factors on
a number of bases. In reviewing a protest against a procuring agency's
proposal evaluation, our role is limited to ensuring that the evaluation was
reasonable and consistent with the terms of the solicitation and applicable
statutes and regulations. National Toxicology Labs., Inc., B-281074.2, Jan.
11, 1999, 99-1 CPD para. 5 at 3. Based on our review of the record, we find that
the evaluation under these factors was reasonable. We discuss
Urban-Meridian's principle arguments below.
EXPERIENCE/PAST PERFORMANCE
Urban-Meridian's Proposal
Urban-Meridian is a joint venture formed under the Small Business
Administration's (SBA) mentor-prot�g� program. [1] See 13 C.F.R. sect. 124.520
(2000). It is comprised of Urban Systems, Inc., a small disadvantaged
business, and Meridian Management Corporation, a large business. Under the
firms' joint venture agreement, while Meridian, as the mentor firm, would be
involved in performing the contract and would assist Urban, the prot�g�
firm, in gaining the experience and training necessary to compete for
federal contracts, Urban would be responsible for performing the majority of
the work under the contract, and would be significantly involved in managing
the contract. Mentor Prot�g� Agreement; Joint Venture Agreement; Protest at
4.
Urban-Meridian's proposal received an experience/past performance rating of
5 (out of 10 available) points. In reaching this rating, GSA considered that
Urban, the entity that would actually be responsible for performing the
day-to-day work at the courthouse, had no directly related experience;
Urban's only experience was performing two parking garage management
contracts. Evaluation Memorandum at 5. GSA also considered Meridian's
experience and past performance. GSA found that Meridian had some, though
not extensive, experience working with all required systems, and some
experience performing at courthouses. Id.
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