B-296741.14; B-296741.15, Olympus Building Services, Inc., April 20, 2007
Case: B-296741.14
Agency:
Date: 2007-04-20
Denied
B-296741.14; B-296741.15, Olympus Building Services, Inc., April 20, 2007
TITLE: B-296741.14; B-296741.15, Olympus Building Services, Inc., April 20, 2007
BNUMBER: B-296741.14; B-296741.15
DATE: April 20, 2007
*************************************************************************
B-296741.14; B-296741.15, Olympus Building Services, Inc., April 20, 2007
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: Olympus Building Services, Inc.
File: B-296741.14; B-296741.15
Date: April 20, 2007
Grace Bateman, Esq., and Amanda Weiner, Esq., Seyfarth Shaw LLP, for the
protester.
Kenneth B. Weckstein, Esq., and Pamela A. Reynolds, Esq., Epstein Becker &
Green, PC, for Rowe Contracting Services, Inc., an intervenor.
Frank A. March, Esq., Department of the Army, for the agency.
Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency improperly evaluated awardee's security awareness
plan is denied where agency reasonably found that information provided by
awardee to address agency's concerns raised during discussions was
adequate.
2. Agency's determination that awardee's proposed price was not so low as
to present a performance risk was reasonable where agency found price
realistic based on comparison of awardee's proposed price to those of
other offerors.
DECISION
Olympus Building Services, Inc. protests the award of a contract to Rowe
Contracting Services, Inc. under request for proposals (RFP) No.
HHM402-05-R-0017, issued by the Defense Intelligence Agency (DIA) for
janitorial services at the DIA Analysis Center. Olympus challenges the
proposal evaluation and best value determination.
We deny the protest.
The solicitation, issued on April 14, 2005, contemplated the award of a
fixed-price contract and provided for award on a "best value" basis
considering two technical evaluation factors--technical and
management--past performance, and price. With respect to price, the
solicitation advised that total prices found to be unrealistically low
would be considered indicative of a lack of understanding of the
complexity and risk in meeting contract requirements and would not be
considered for award. RFP at 40.
DIA initially made award to The Ravens Group on April 14, 2005. However,
that award was followed by a series of protests by various offerors under
the solicitation and corrective actions by DIA which resulted in
reevaluations and different award determinations. In the final evaluation,
the technical evaluation board (TEB) rated Rowe's and Olympus's proposals
excellent under the technical factors, and rated Rowe excellent and
Olympus good for past performance. Rowe's price of $19,217,512 was low,
and Olympus's price of $19,775,058 second low. The source selection
authority (SSA) performed a best value analysis and selected Rowe for
award based on its low price. Olympus protests this award decision.
In reviewing a protest against an agency's proposal evaluation, our role
is limited to ensuring that the evaluation was reasonable and consistent
with the terms of the solicitation and applicable statues and regulations.
Phillips Med. Sys. of N. Am., B-293945.2, June 17, 2004, 2004 CPD para.
129 at 2. We have reviewed the record and find that all of Olympus's
arguments are without merit and that the evaluation and source selection
were unobjectionable. We discuss several of Olympus's arguments below.
TECHNICAL EVALUATION
Olympus asserts that Rowe's proposal should not have been rated excellent
under the technical factors because it did not include a required security
awareness plan. In this regard, in evaluating Rowe's initial proposal, the
TEB noted that Rowe had not provided a security awareness plan; the agency
pointed this out to Rowe as a weakness during discussions. Letter from
Agency to Rowe, Nov. 8, 2005, at 1. In response, in its final proposal
revision (FPR), Rowe provided a security awareness plan comprised of a
short statement explaining, among other things, that Rowe was familiar
with current Defense Security Services and DIA Regulations and security
manuals, and stating that Rowe would comply with all DIA security
policies. The FPR also included copies of several documents, including an
Annual Security Awareness Briefing, a Refresher Security Briefing, and a
Security Awareness Bulletin (self inspection handbook for contractors).
The TEB determined that this information was sufficient to respond to its
original concern. TEB Evaluation at 8.
Full decision text continues on ProtestIntel...