MVM, Inc., B-290726; B-290726.2; B-290727; B-290727.2, September 23, 2002
Case: B-290726
Agency:
Protester: MVM, Inc., B
Date: 2002-09-23
Denied
MVM, Inc., B-290726; B-290726.2; B-290727; B-290727.2, September 23, 2002
TITLE: MVM, Inc., B-290726; B-290726.2; B-290727; B-290727.2, September 23, 2002
BNUMBER: B-290726; B-290726.2; B-290727; B-290727.2
DATE: September 23, 2002
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MVM, Inc., B-290726; B-290726.2; B-290727; B-290727.2, September 23, 2002
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: MVM, Inc.
File: B-290726; B-290726.2; B-290727; B-290727.2
Date: September 23, 2002
James S. Phillips, Esq., Centre Law Group, LLC, for the protester.
Donald E. Barnhill, Esq., Barnhill & Assocs., for BNCI/AKAL, the
intervenor.
Elizabeth Gaffin, Esq., Department of Justice, for the agency.
Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Experience of joint venture partners can be considered in evaluating
the experience of the joint venture.
2. Protests that the agency misevaluated the competing offerors'
technical proposals are denied where the record shows that the evaluations
were reasonable; the protester's disagreement with the evaluations is not
a legal basis to overturn the evaluations.
3. Price evaluation under solicitation for a fixed-price contract is
unobjectionable where the agency's analysis consisted of considering the
level of competition and a comparison of the prices of the competitive
range offerors.
DECISION
MVM, Inc. protests the awards of two contracts to BNCI/AKAL, a joint
venture, under request for proposals (RFP) Nos. ACL-0-R-0004 and
ACL-0-R-0005, issued by the Immigration and Naturalization Service (INS),
Department of Justice, for unarmed guard services at INS's service
processing centers. MVM challenges the technical and price evaluations.
We deny the protests.
The largely identical RFPs, issued April 4, 2001, were to obtain unarmed
guard services for the INS's El Centro Service Processing Center,
California (-0004) and Florence Service Processing Center, Arizona
(-0005). The RFPs contemplated the award of fixed-price requirements
contracts for a base year with four 1-year options. The service
processing centers house alien detainees who are in removal proceedings or
may be subject to a final order of removal. The contractors were required
to *furnish unarmed security guard services, including management
personnel, supervision, manpower, relief guards, uniforms, equipment, and
supplies to provide guard services seven (7) days a week, twenty-four (24)
hours per day at the [processing centers].* RFPs at C‑2.
The RFPs listed six technical evaluation factors: (1) experience/past
performance, (2) personnel, (3) financial condition and capability, (4)
quality control plan, (5) training, and (6) records and reports. The RFPs
advised that the experience and past performance subfactors of the first
factor were equal in importance to each other, and that each of these
subfactors was equal in importance to the second factor, which in turn was
equal to the combined weight of the remaining four factors. The third
factor was said to be twice as important as the fourth and fifth factors,
and the fourth and fifth factors were of equal importance and each twice
as important as the sixth factor. The combined weight of the technical
factors was said to be approximately equal in importance to price.
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