Johnson Controls World Services, Inc., B-288636; B-288636.2, November 23, 2001
Case: B-288636
Agency:
Protester: Johnson Controls World Services, Inc., B
Date: 2001-11-23
Denied
Johnson Controls World Services, Inc., B-288636; B-288636.2, November 23, 2001
TITLE: Johnson Controls World Services, Inc., B-288636; B-288636.2, November 23, 2001
BNUMBER: B-288636; B-288636.2
DATE: November 23, 2001
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Decision
Matter of: Johnson Controls World Services, Inc.
File: B-288636; B-288636.2
Date: November 23, 2001
Stuart B. Nibley, Esq., Joseph J. Dyer, Esq., and Robert F. Pezzimenti,
Esq., Seyfarth Shaw, for the protester.
Raymond M. Saunders, Esq., Maj. Howard Roth, and Capt. Ryan M. Zipf,
Department of the Army, for the agency.
Aldo A. Benejam, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging a cost comparison conducted pursuant to Office of
Management and Budget Circular No. A-76 and alleging that the supporting
management study failed to directly compare all of the positions identified
in the agency's "most efficient organization" with the labor force at the
start of the study is denied, since there is no legal requirement for such a
detailed, "position-by-position" comparison.
2. Protest challenging agency decision to retain in-house logistics and
public works functions as a result of a cost comparison conducted pursuant
to Office of Management and Budget Circular No. A-76 and alleging that
agency improperly failed to include costs for all of the personnel required
to meet the requirements of the performance work statement (PWS), is denied,
where the record provides no basis to question the reasonableness of the
agency's finding that the government's "most efficient organization" had
identified and costed all positions necessary to meet PWS requirements.
DECISION
Johnson Controls World Services, Inc. (JCWSI) protests the decision of the
Department of the Army to retain logistics and public works functions at
Fort Jackson, South Carolina in-house, rather than to contract for these
services under request for proposals (RFP) No. DABT60-99-R-0015. The Army
decided to retain the services in-house based on the results of a cost
comparison conducted pursuant to Office of Management and Budget Circular
No. A-76, which compared JCWSI's proposal to perform the work against the
government's in-house management plan. JCWSI challenges various aspects of
the agency's administrative appeals board (AAB) decision. Although the AAB
agreed with JCWSI on some of the appeal issues and directed that the
in-house estimate be adjusted, the new cost comparison did not change the
agency's initial determination to retain the services in-house. JCWSI
primarily argues that the Army's in-house management plan for a "most
efficient organization" (MEO) failed to reasonably explain reductions in
staffing, and that the Army's in-house estimate does not include costs for
all of the personnel in the MEO.
We deny the protest.
I. BACKGROUND
In 1997, the U.S. Army Training and Doctrine Command (TRADOC) awarded a
contract to Management Analysis, Inc. (MAI) to conduct a study of public
works and logistics functions at 12 TRADOC installations, including Fort
Jackson. For each installation, MAI was to develop a performance work
statement (PWS), document the results of its study, provide a quality
assurance surveillance plan, and include an independent government cost
estimate based on a proposed MEO. (The protester does not challenge the
multiple roles played by MAI.) As written, the PWS categorized the work to
be performed under several maintenance and service areas, including:
buildings and structures, utility systems operation, heating, ventilation,
and air conditioning systems operation, dining facility equipment, grounds,
surfaced area, range, materiel, transportation services, and base supply.
Agency Report (AR) exh. J, PWS, at 1-2.
The document prepared for Fort Jackson consisted of five chapters. AR exh.
M. The first four chapters were MAI products and included an introduction
explaining the overall purpose of the study, scope, and methodology (ch. 1);
a general description of Fort Jackson's operations as of the start of the
study (ch. 2); MAI's analysis and recommendations (ch. 3); and MAI's
proposed MEO (ch. 4).
Chapter 5 was prepared by Fort Jackson staff, hereinafter referred to as the
MEO team. After MAI completed its work, the MEO team analyzed the
recommendations and required functions. During this process, the MEO team
met with all of the section supervisors and key staff to discuss staffing
levels and possibilities for reductions or required additions, and asked
supervisors to suggest improvements and reorganizations to increase
efficiency. AR exh. T, Program Manager Statement, Sept. 19, 2001, at 1.
Full decision text continues on ProtestIntel...