Kira, Inc.; All Star Maintenance, Inc., B-291507; B-291507.2, January 7, 2003
Case: B-291507
Agency:
Protester: Kira, Inc.; All Star Maintenance, Inc., B
Date: 2003-01-07
Denied
Kira, Inc.; All Star Maintenance, Inc., B-291507; B-291507.2, January 7, 2003
TITLE: Kira, Inc.; All Star Maintenance, Inc., B-291507; B-291507.2, January 7, 2003
BNUMBER: B-291507; B-291507.2
DATE: January 7, 2003
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Kira, Inc.; All Star Maintenance, Inc., B-291507; B-291507.2, January 7, 2003
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: Kira, Inc.; All Star Maintenance, Inc.
File: B-291507; B-291507.2
Date: January 7, 2003
Alan M. Grayson, Esq., and James A. McMillan, Esq., Grayson, Kubli &
Hoffman, for Kira, Inc., and Mitchell W. Quick, Esq., Michael Best &
Friedrich, for All Star Maintenance, Inc., the protesters.
Timothy H. Power, Esq., for Dellew-PEMCO JV, an intervenor.
John D. Inazu, Esq., and C. Gordon Jones, Esq., Department of the Air
Force, for the agency.
Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Where proposals were reasonably evaluated as technically equal in the area
of past performance (the only technical evaluation factor), agency
reasonably selected for award the proposal of the firm proposing the
lowest price.
DECISION
Kira, Inc. and All Star Maintenance, Inc. protest the award of a contract
to Dellew‑PEMCO JV, under request for proposals (RFP) No.
F64605-02-R-0003, issued by the Department of the Air Force for
maintenance services in support of over 2,200 military family housing
units at the Kaneohe Marine Corps Air Base, Hawaii. Kira and All Star
challenge the evaluation of Dellew's past performance.
We deny the protests.
The RFP, issued on June 5, 2002, contemplated the award of a fixed-price
requirements contract to the responsible offeror whose proposal was
determined to represent the best overall value to the government,
considering past performance and price, which were approximately equal in
importance. With respect to the past performance evaluation factor, the
RFP stated that the agency would assess an offeror's past performance *as
a prime [contractor] or subcontractor on requirements of similar scope and
magnitude.* The RFP defined *scope and magnitude* in terms of the recency,
currency, and relevance of a firm's past performance. RFP at 57-58. The
RFP required an offeror to provide references for similar military family
housing maintenance requirements performed either as a prime contractor or
subcontractor, while reserving the right of the agency to limit the number
of references actually reviewed and/or consulted. The RFP provided
that the offeror's past performance would be evaluated in the areas of
quality of service, schedule, business relations, and management of key
personnel. An offeror's past performance could receive one of the
following ratings: outstanding/high confidence, very good/significant
confidence, satisfactory/confidence, neutral/unknown confidence,
marginal/little confidence, and unsatisfactory/no confidence. As relevant
here, the RFP defined the outstanding/high confidence rating as *[b]ased
on the offeror's performance record, essentially no doubt exists that the
offeror will successfully perform the required effort.* RFP at 59. With
respect to price, the RFP stated that an offeror's price would be
evaluated for reasonableness. Id. Finally, the RFP advised that the
agency intended to award the contract without conducting discussions.
Six firms, including Kira, All Star (the incumbent contractor), and Dellew
(as teamed with PEMCO), submitted proposals by the closing time on July
15. Dellew submitted references for military family housing maintenance
contracts it had been awarded at Wright‑Patterson Air Force Base
(AFB), Ohio (2,600 military family housing units) and Langley AFB,
Virginia (1,253 units). As relevant to these protests, the government's
standard form contract documents (copies of which were included in
Dellew's proposal) show that both of the referenced contracts had been
awarded to *Dellew Corporation* as the prime contractor.
Full decision text continues on ProtestIntel...