Cortez, Inc., B-292178; B-292178.2; B-292178.3, July 17, 2003
Case: B-292178
Agency:
Protester: Cortez, Inc., B
Date: 2003-07-17
Denied
Cortez, Inc., B-292178; B-292178.2; B-292178.3, July 17, 2003
TITLE: Cortez, Inc., B-292178; B-292178.2; B-292178.3, July 17, 2003
BNUMBER: B-292178; B-292178.2; B-292178.3
DATE: July 17, 2003
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Cortez, Inc., B-292178; B-292178.2; B-292178.3, July 17, 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: Cortez, Inc.
File: B-292178; B-292178.2; B-292178.3
Date: July 17, 2003
Kenneth M. Bruntel, Esq., Daniel R. Forman, Esq., Amy E. Laderberg, Esq.,
and Michael Abelow, Esq., Crowell & Moring, for the protester.
Mark D. Colley, Esq., David S. Black, Esq., Stuart W. Turner, Esq.,
Caitlin K. Cloonan, Esq., and Michele M. Brown, Esq., Holland & Knight,
for EG&G Technical Services, Inc., an intervenor.
Sumara M. Thompson-King, Esq., and Jerry L. Seemann, Esq., National
Aeronautics & Space Administration, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging conduct of price realism evaluation and agency
determination that awardee*s pricing was realistic is denied where
protester does not show that awardee*s pricing was likely to result in
significant performance risk and agency reasonably found that nothing in
awardee*s pricing called into question its understanding of the
performance requirements set forth in the solicitation.
2. Protest that agency unreasonably found awardee*s past
performance/experience superior to the protester*s (the incumbent
contractor), is denied where, although both firms were reported to have
strong performance on a number of contracts, and protester was given
evaluation credit for experience on the incumbent contract, agency
determined, and protester conceded during discussions, that protester had
encountered problems in performing the incumbent contract.
DECISION
Cortez, Inc. protests the National Aeronautics & Space Administration*s
(NASA) issuance of an order to EG&G Technical Services, Inc., under
request for quotations (RFQ) No. 8-1-1-A4-00155, for logistics services at
NASA*s George C. Marshall Space Flight Center (MSFC) in Alabama. The order
was issued to EG&G under the General Services Administration*s LOGWORLD
Federal Supply Schedule. Cortez challenges numerous aspects of the
technical and price evaluation.
We deny the protest.
The RFQ contemplated issuance of an order for a base period of 3 years,
with 2 option years and 5 award term periods, to furnish, primarily on a
fixed‑price basis, a wide range of logistics services, including
environmental services, mail services, equipment maintenance and repair
services, motor pool services, property services, move services, disposal
services, and food services. (The solicited effort included lump sum,
indefinite-delivery/indefinite-quantity (ID/IQ), pre-priced, and time and
materials requirements.) Award was to be made to the offeror whose
quotation offered the best combination of price and qualitative merit
(including past performance). The *best value* quotation was to be
determined based on three evaluation factors: (1) mission suitability,
including subfactors for management approach (worth 375 of 1,000 possible
mission suitability evaluation points), technical approach (475 points),
safety, health and environmental (100 points), and small disadvantaged
business participation (50 points); (2) cost/price; and (3) past
performance. The RFQ provided that mission suitability, cost/price and
past performance were essentially equal in importance, and that
qualitative merit, including past performance, was significantly more
important than price.
Initial quotations were received from three firms, including Cortez (the
incumbent logistics services contractor at MSFC), EG&G, and a third firm
(not relevant here). After discussions with Cortez and EG&G, NASA
requested final quotation revisions (FQR). Based on its evaluation of the
FQRs, NASA determined that EG&G*s quotation had a decisive advantage over
Cortez*s, such that it offered the best value. Specifically, under the
mission suitability factor, EG&G*s quotation received an evaluation score
of 893 points, with 7 significant strengths, 32 other strengths, no
significant weaknesses, and 2 other weaknesses, while Cortez*s quotation
received a score of only 630 points, with 1 significant strength, 14 other
strengths, 2 significant weaknesses, and 21 other weaknesses. Further,
EG&G received a past performance rating of very good while Cortez*s past
performance was rated as only good. Finally, EG&G proposed a price of
$[DELETED] million, while Cortez proposed a price of $[DELETED] million.
Full decision text continues on ProtestIntel...