B-296394, B-296394.2, Vador Ventures, Inc., August 5, 2005

B-296394, B-296394.2, Vador Ventures, Inc., August 5, 2005 TITLE: B-296394, B-296394.2, Vador Ventures, Inc., August 5, 2005 BNUMBER: B-296394, B-296394.2 DATE: August 5, 2005 ********************************************************** B-296394, B-296394.2, Vador Ventures, Inc., August 5, 2005 Decision Matter of: Vador Ventures, Inc. File: B-296394, B-296394.2 Date: August 5, 2005 Richard D. Lieberman, Esq., McCarthy, Sweeney & Harkaway, PC, for the protester. James H. Roberts, Esq., Carrol H. Kinsey, Esq., Van Scoyoc Kelly PLLC, for Odoi Associates, Inc., an intervenor. Kathleen M. McCartney, Esq., General Services Administration, for the agency. Peter D. Verchinski, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee's proposed key personnel do not meet solicitation's definitive responsibility criteria requiring experience managing or supervising the operation of an 800,000 square foot building is denied where the agency has reasonably determined that experience of awardee's personnel with two buildings (totaling 971,425 square feet), operated in major respects as one building, and having integrated systems with equipment sized to operate the two buildings together, satisfied the requirements. DECISION Vador Ventures, Inc. protests the General Services Administration's (GSA) award of a contract to Odoi Associates, Inc., under invitation for bids (IFB) No. GS11P04YED0224, for building management services. Vador principally asserts that award to Odoi was improper becase Odoi failed to meet the definitive responsibility criteria set forth in the solicitation. We deny the protest. The IFB, issued as a section 8(a) set-aside, contemplated the award of a fixed-price contract for an initial period of one year, with 4 option years, for commercial facility management services, including operation and maintenance services, elevator maintenance services, and custodial services, at the Postal Square Building, 2 Massachusetts Avenue, NE, Washington, D.C. The IFB stated that award would be made to the lowest-priced, responsive, responsible bidder. The IFB set forth specific experience qualifications for key personnel the awardee was to provide under the contract, including the project manager, any alternate project managers, and on-site supervisory employees. For the project manager and the alternate project managers, the solicitation required 4 years experience (within the past 5 years) "in managing the operation, maintenance and repair, custodial services, building alterations, customer relations requirements, and all other operational components of a building with at least 800,000 square feet of occupiable space." IFB, Section J, exh. 1, at 2. The supervisory employees were to possess at least 4 years of recent (within the past 5 years) experience "in directing personnel responsible for accomplishment of work in their respective program area in a building of at least 800,000 square feet of occupiable office space." Id. at 4. Further, the IFB required that the apparent low bidder submit, "within 5 working days after notice to the apparent low bidder," detailed personnel resumes explaining how each individual had obtained the required experience. IFB, amend. 4, Section J, exh. 1, at Revised Page 2, 4 (emphasis in original). The solicitation did not state when award would be made. The agency received 14 bids by the closing time on April 7, including Odoi's low bid of $10,559,398, and Vador's second low bid of $12,315,353. By letter dated April 18, the agency informed Odoi that it was the apparent low bidder, and asked that it submit, among other things, the resumes required under the solicitation. On April 26, Odoi submitted the required information, and the agency awarded the contract 3 days later. Vador thereafter filed this protest with our Office, alleging that the experience requirements laid out in the solicitation constitute definitive responsibility criteria that the awardee failed to meet.[1] Specifically, Vador asserts that Odoi's personnel do not have experience working in an 800,000 square foot building. Responsibility is a term used to describe the offeror's ability to meet its contract obligations. See generally Federal Acquisition Regulation (FAR) subpart 9.1. In most cases, responsibility is determined on the basis of what the FAR refers to as general standards of responsibility, such as adequacy of financial resources, ability to meet delivery schedules, and a satisfactory record of past performance and of business integrity and ethics. FAR sect. 9.104-1. In some cases, however, an agency will include in a solicitation a special standard of responsibility, FAR sect.