Dew Drop Sprinklers & Landscaping, B-293963, July 15, 2004

B-293963 Jul 15, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Dew Drop Sprinklers & Landscaping protests the issuance of a purchase order to TML Construction, Inc. under request for quotations (RFQ) No. R1-04-04-04, issued by the United States Department of Agriculture, Forest Service, for water system improvements. Dew Drop challenges the agency's decision to award to TML at a higher price. We deny the protest. View Decision B-293963, Dew Drop Sprinklers & Landscaping, July 15, 2004 Decision Matter of: Dew Drop Sprinklers & Landscaping File: B-293963 Date: July 15, 2004 Lawrence H. Vance, Jr., Esq., Winston & Cashatt, for the protester. Marion T. Cordova, Esq., Department of Agriculture, for the agency. Charles W. Morrow, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that higher-priced quotation offered the best value where the awardee had more relevant experience than the protester and the protester failed to provide such required information as a safety plan. DECISION Dew Drop Sprinklers & Landscaping protests the issuance of a purchase order to TML Construction, Inc. under request for quotations (RFQ) No. R1-04-04-04, issued by the United States Department of Agriculture, Forest Service, for water system improvements. Dew Drop challenges the agency's decision to award to TML at a higher price. We deny the protest. The RFQ, issued on October 9, 2003 under the simplified acquisition procedures prescribed in Federal Acquisition Regulation (FAR) Part 13, contemplated award of a fixed-price order to relocate three existing Reduced Pressure Backflow Preventor[s] from underground vaults to above ground, heated enclosures at the Coeur d'Alene Nursery, Idaho Panhandle National Forest, Idaho. The RFQ included detailed project drawings and, in addition, encouraged vendors to undertake a site visit. RFQ J-3. Award was to be made on the basis of the quotation representing the best overall value considering past performance, experience, technical ability to meet the requirements, including Contractor's safety measures in place and identified in the offer, and price. RFQ, Standard Form 18. Vendors were directed to complete and return with their quotation a questionnaire that requested information regarding the number of years of contracting experience and the projects completed within the last 3 years, including contract references. In addition, the questionnaire required vendors to describe their safety measures and procedures, specifically addressing: (1) how safety for employees and the public is ensured; (2)transportation safety to and from work; and (3) first aid and evacuation plans in the event of illness or injury. The experience questionnaire also required vendors to describe the staffing and equipment to be used on the project, and the anticipated schedule of progress. Vendors were further directed to furnish a completed Idaho certificate of worker's compensation insurance, which required the vendor to identify all subcontractors assisting with performance of the work. RFQ J-4, J-5. Seven quotations were received by the closing time on October 31. Due to funding constraints, the procurement was delayed until March 2004, which prompted the Forest Service to ask the vendors to confirm their previously submitted quotations. Four vendors, including Dew Drop and TML, responded by either confirming or revising their prices. Dew Drop quoted a revised price of50,527; TML confirmed a previously quoted price of $72,855. [1] The record indicates that the Forest Service found Dew Drop's quotation to be less advantageous than TML's under the non-price evaluation factors. The Forest Service found that while Dew Drop possessed some experience in pipe fitting, it primarily specialized in sprinklers and landscape projects and had only limited experience with the type of water system improvement project that was the subject of the solicitation. Thus, one reference reported that Dew Drop had done good work in providing landscaping, while a second reference indicated that he was pleased with Dew Drop's work under a contract for playfield sod and landscaping, including irrigation. A third reference indicated that Dew Drop had done good work in installing a high voltage power line, while a fourth reference referred to a habitat project for the Corps of Engineers but provided only minimal detail on the work. In contrast, the Forest Service found that TML's experience, for which the agency received high ratings from the references, most precisely matched the work required under the contract. Award Statement at 3. Specifically, the agency learned from a reference that TML had done a very good job in performing a very similar water system improvement project, including changing a pump and working on a remote lift station, two domestic wells and pumps. Id.