Gonzales Consulting Services, Inc., B-291642.2, July 16, 2003

B-291642.2 Jul 16, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Agency reasonably concluded that protester's cost advantage of approximately 2 percent was outweighed by awardee's experience and highly regarded past performance of the precise requirements being competed under this solicitation. (NSRI) pursuant to request for offers (RFO) No. 03127 to provide various support services for BPA. /1/ GCS protests that the agency's source selection decision was unreasonable and that the agency was biased against GCS. NSRI is the incumbent contractor under two of those contracts. This breakdown must include the individual rates to be used and must show how these rates are applied in the calculation of the proposed costs. Offerors were advised that the agency would make a "best buy" determination based on both cost and non-cost factors. View Decision Gonzales Consulting Services, Inc., B-291642.2, July 16, 2003 * REDACTED DECISION DIGEST Attorneys DECISION Gonzales Consulting Services, Inc. (GCS) protests the Bonneville Power Administration's (BPA) award of a contract to NSR Information, Inc. (NSRI) pursuant to request for offers (RFO) No. 03127 to provide various support services for BPA. /1/ GCS protests that the agency's source selection decision was unreasonable and that the agency was biased against GCS. We deny the protest. BACKGROUND BPA issued RFO No. 03127 on August 23, 2002, seeking proposals to provide administrative, technical and professional support services at various locations throughout the BPA servicing area. /2/ The services to be performed under this solicitation combine the requirements currently being performed under three separate BPA contracts; NSRI is the incumbent contractor under two of those contracts. The solicitation contemplated award of a cost-plus-fixed-fee contract for a 3-year base period and two 3-year option periods, and required that offerors submit separate cost and technical proposals. With regard to cost proposals, the solicitation provided offerors with the "estimated gross wages" that had historically been paid for the various types of labor required to perform the services sought, and required offerors to propose direct labor costs and indirect/burden rates for each contract period. /3/ Agency Report, Tab 1, RFO, at 100002, 100009. More specifically, the RFP provided: [An offeror's] Cost Proposal must include a breakdown of the rates to be used in the performance of the contract (i.e. Fringe Benefits, Overheads, G&A [General & Administrative], etc.). This breakdown must include the individual rates to be used and must show how these rates are applied in the calculation of the proposed costs. Agency Report, Tab 1, RFO, at 100005a. With regard to contract award, offerors were advised that the agency would make a "best buy" determination based on both cost and non-cost factors. Specifically, the solicitation stated: Best buy will be determined by comparing such attributes of interests as total cost to BPA, technical and management features, relative quality and adaptability of services, the offeror's financial responsibility, skill, experience, record of integrity in dealing, the time of performance offered, past performance (including safety record), and whether the offeror has complied with the specifications or demonstrated capability to perform the statement of work. Agency Report, Tab 1, RFO, at 100010. Prior to submitting its initial proposal on September 20, 2002, GCS sought the agency's responses to certain questions, including an inquiry as to whether site managers' salaries were included in the "estimated gross wages" disclosed in the RFO. /4/ The contracting officer mistakenly understood GCS's question to refer to only the overall project manager, and, based on this misunderstanding, incorrectly advised GCS that the costs associated with site managers were not part of the "estimated gross wages" as shown in the RFO. /5/ Nine offerors, including GCS and NSRI, submitted proposals which the agency subsequently reviewed and evaluated. On October 18, NSRI's proposal was selected for award and GCS was subsequently advised of that source selection decision. Thereafter, GCS filed an agency-level protest based, primarily, on GCS's reliance on the incorrect information it had been given regarding non-inclusion of site managers' salaries in the RFO's "estimated gross wages." By decision dated January 2, 2003, the head of the contracting activity (HCA) sustained GCS's protest. Agency Report, Tab 3, at 100090-100106. In that decision the HCA directed that the agency re-open discussions with the three highest rated offerors, including NSRI and GCS, correct the misinformation GCS had previously received, request proposal revisions, reevaluate proposals, and make a new source selection decision. Id. Consistent with the HCA's direction, by letters dated January 22, 2003, the agency reopened discussions with NSRI, GCS and a third offeror.