B-296435.4; B-296435.9, R&G Food Service, Inc., d/b/a Port-A-Pit Catering, September 15, 2005
Case: B-296435.4
Agency:
Protester: B
Date: 2005-09-15
Sustained
B-296435.4; B-296435.9, R&G Food Service, Inc., d/b/a Port-A-Pit Catering, September 15, 2005
TITLE: B-296435.4; B-296435.9, R&G Food Service, Inc., d/b/a Port-A-Pit Catering, September 15, 2005
BNUMBER: B-296435.4; B-296435.9
DATE: September 15, 2005
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B-296435.4; B-296435.9, R&G Food Service, Inc., d/b/a Port-A-Pit Catering, September 15, 2005
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: R&G Food Service, Inc., d/b/a Port-A-Pit Catering
File: B-296435.4; B-296435.9
Date: September 15, 2005
John Lukjanowicz, Esq., and B. Michael Schestopol, Esq., Oles Morrison
Rinker & Baker LLP, for the protester.
Byron W. Waters, Esq., Department of Agriculture, for the agency.
Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Agency unreasonably determined that the protester's prices were not fair
and reasonable where the agency's price evaluation considered only
offerors' unit prices and, in so doing, failed to provide a reasonable
basis for comparing the relative costs to the government of offerors'
competing proposals.
DECISION
R&G Food Service, Inc., d/b/a Port-A-Pit Catering (Port-A-Pit) protests
its nonselection for contract award under request for proposals (RFP) No.
49-05-07, issued by the National Interagency Fire Center, Forest Service,
Department of Agriculture, for mobile food services in various locations;
for certain locations, the Forest Service awarded contracts to offerors
other than Port-A-Pit and, for other locations, elected not to make
contract award. Port-A-Pit argues that the agency's evaluation of
proposals, including the evaluation of its price proposal, was improper.
We sustain the protest.
BACKGROUND
The RFP, issued on February 9, 2005, contemplated multiple awards of
fixed-price requirements contracts for a base year and four 1-year
options. The successful contractors under the RFP would be required to
provide hot and cold meals and various supplemental items at 27 field
locations (referred to as designated dispatch points, or DDPs) during
wildland fires and other types of activities throughout the contiguous
western United States and Alaska by means of mobile food service units
(MFSU). The RFP permitted offerors to propose for multiple DDPs, but
contemplated the award of one contract for each location.
The solicitation required offerors to submit unit prices for meal services
(e.g., breakfast, sack lunch, dinner), MFSU mileage, and handwashing
units, which would form the basis of a requirements-type contract, as well
as unit prices for additional refrigeration storage space, additional
tents and seating, and supplemental food and beverage items, which would
form the basis of a blanket purchase agreement (BPA). RFP sect. B, at 1-4.
In addition to price, the solicitation identified the following technical
evaluation factors, in descending order of importance: proposed equipment;
past performance; experience; and technical approach. The RFP informed
offerors that the technical factors, when combined, were approximately
equal in importance to price. Contract awards were to be made to the
offerors submitting the proposals determined to meet the minimum
requirements of the solicitation and to be the most advantageous (i.e.,
"best value") to the government. The RFP also stated that the Forest
Service might reject any or all offers and not award all DDP locations if
doing so were determined to be in the government's best interest. RFP
sect. M.2, at 105.
The RFP contained detailed instructions for the preparation of proposals,
and required that the offerors' proposals consist of two parts--a
technical proposal and a business/price proposal. Offerors were instructed
that the technical proposals would be used to determine, among other
things, whether the proposals met the requirements of the RFP. The
solicitation also established minimum equipment requirements for an MFSU,
and required offerors to complete an equipment requirements checklist for
each unit offered. RFP sect. C.3, at 21-27, exh. M.2, at 112-18. The RFP
stated that the equipment requirements would be evaluated on a pass/fail
basis, and that "any unit that fails to meet any of these minimum
requirements will be unacceptable and may not be considered any further."
Id. at 112. With regard to an offeror's proposed price, the solicitation
stated that the offeror's business/price proposal would be evaluated to
determine the reasonableness of the offeror's price for the effort
proposed. Id.
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