Ocean Technical Services, Inc., B-288659, November 27, 2001

B-288659 Nov 27, 2001 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Where agency is not required to hold discussions or otherwise communicate with vendors regarding past performance information. " which is based in Natchez. The RFQ was issued pursuant to Federal Acquisition Regulation (FAR) Part 12. The procurement was conducted using simplified acquisition procedures. The RFQ was issued on an unrestricted basis. Performance was to be evaluated under the following subfactors: quality of product or service. Vendors were instructed to submit information on four relevant contracts that they had performed during the previous 3 years. An evaluation team (ET) was formed to rate the past performance of each vendor. Two references noted that the work was completed early. View Decision Ocean Technical Services, Inc., B-288659, November 27, 2001 DIGEST Attorneys DECISION Ocean Technical Services, Inc. (Otech), a small disadvantaged business concern, protests the United States Coast Guard's award of a contract to Wepfer Marine under request for quotations (RFQ) No. DTCG80-01-Q-3FAG73 for repair of the Coast Guard cutter "Greenbrier," which is based in Natchez, Mississippi. /1/ Otech questions the agency's evaluation of its quotation and the resulting selection decision. We deny the protest. The RFQ was issued pursuant to Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, and FAR Subpart 13.5, Test Program for Certain Commercial Items, and the procurement was conducted using simplified acquisition procedures. The RFQ was issued on an unrestricted basis, but included a price adjustment provision for small disadvantaged business concerns. The RFQ provided that the agency would evaluate quotations based on past performance and price, with past performance being slightly more important than price. Performance was to be evaluated under the following subfactors: quality of product or service; timeliness of performance; business relations (customer service); and subcontracts. Vendors were instructed to submit information on four relevant contracts that they had performed during the previous 3 years. The RFQ stated that in evaluating a vendor's past performance, the Coast Guard would also review its own contractor performance reports and would consider general trends in a contractor's performance. The RFQ stated that price would be evaluated for fairness and reasonableness, and that the foreseeable cost of transporting the Greenbrier to the vendor's commercial shipyard would be evaluated. RFP Sec. E, at 15. Otech, located in Harvey, Louisiana, and Wepfer, located in Memphis, Tennessee, submitted the only two quotations. An evaluation team (ET) was formed to rate the past performance of each vendor. The ET contacted the four past performance references provided by Otech for Coast Guard contracts. The record shows that the references rated the quality of Otech's services from "excellent" to "marginally satisfactory," with the more recently performed contracts receiving generally lower ratings for quality of services. Agency Report (AR), Tab J, Past Performance Questionnaire for Otech. The ET also reviewed customer surveys that the Coast Guard had on file for 12 contracts that Otech performed between 1998 and the current time. The Coast Guard's past performance survey log for Otech listed, as follows in relevant part, the firm's performance ratings: Date Survey Name of Vessel Rating Received 11/1999 Ouachita Satisfactory 11/1999 Cushing Excellent 2/1999 Chandeleur Excellent 11/1999 Kickapoo Excellent 5/2000 Sciota Excellent 6/2000 Cimarron Excellent 8/2000 Pakota/Greenbrier Good 4/2000 Chincoteague Satisfactory 3/2000 Sapelo Good 2/2001 Farallon Fair 9/2000 Matagorda Fair 7/2001 Pamlico Good Agency Report, Tab L, Past Performance Survey Log. In their evaluation summaries, two ET members rated Otech's past performance as "marginal" overall, and the remaining member rated it as "acceptable" overall. AR, Tab O, Evaluation Summary Sheets for Otech. The summaries noted an apparent downward trend in Otech's performance over the past few years. The summaries contained comments concerning changes in management, cost control issues, difficulties with customer relations, and a level of performance requiring more supervision and guidance from the Coast Guard. The ET arrived at a consensus rating of "acceptable, with significant [Coast Guard] assistance to control quality through stringent oversight by [Coast Guard] inspectors." AR, Tab P, Consensus Rating Score Sheets for Otech. For Wepfer, the ET contacted the four past performance references provided by the firm for Coast Guard contracts. These references gave Wepfer's performance predominantly excellent ratings, and two references noted that the work was completed early. AR, Tab M, Past Performance Questionnaire for Wepfer. The ET also reviewed nine past performance surveys that were on file for Wepfer.