B-298865; B-298865.2, Joint Venture Penauillie Italia S.p.A.; Cofathec S.p.A.; SEB.CO S.a.s.; CO.PEL.S.a.s., January 3, 2007
Case: B-298865
Agency:
Protester: B
Date: 2007-01-03
Denied
B-298865; B-298865.2, Joint Venture Penauillie Italia S.p.A.; Cofathec S.p.A.; SEB.CO S.a.s.; CO.PEL.S.a.s., January 3, 2007
TITLE: B-298865; B-298865.2, Joint Venture Penauillie Italia S.p.A.; Cofathec S.p.A.; SEB.CO S.a.s.; CO.PEL.S.a.s., January 3, 2007
BNUMBER: B-298865; B-298865.2
DATE: January 3, 2007
****************************************************************************************************************************
B-298865; B-298865.2, Joint Venture Penauillie Italia S.p.A.; Cofathec S.p.A.; SEB.CO S.a.s.; CO.PEL.S.a.s., January 3, 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: Joint Venture Penauillie Italia S.p.A.; Cofathec S.p.A.; SEB.CO
S.a.s.; CO.PEL.S.a.s.
File: B-298865; B-298865.2
Date: January 3, 2007
T. Wayne Gray, Esq., Kristen E. Ittig, Esq., and David J. Craig, Esq.,
Holland & Knight LLP for the protester.
Reed L. von Maur, Esq., for Team BOS/Naples--Gemmo S.p.A./DelJen, an
intervenor.
Damon Martin, Esq., and Richard G. Welch, Esq., Naval Facilities
Engineering Command, for the agency.
Jonathan L. Kang, Esq., and Glenn G. Wolcott, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging agency's rejection of protester's proposal as
incomplete is denied where the proposal lacked required information
regarding option year pricing, and the agency was not legally required to
allow the protester to revise its proposal.
DECISION
Joint Venture Penauillie Italia S.p.A., Cofathec S.p.A., SEB.CO S.a.s.,
and CO.PEL.S.a.s. (JVP) protests the award of a contract to Team
BOS/Naples--Gemmo S.p.A./DelJen (BOS/Naples) under request for proposals
(RFP) No. N33191-06-R-0001, issued by the Department of the Navy, Naval
Facilities Engineering Command, for base operations. The protester
contends that the agency improperly determined that its proposal was
incomplete, and therefore ineligible for award.
We deny the protest.
BACKGROUND
The RFP sought proposals to provide base operations services for the Navy
in the Naples, Italy area. Offerors were required to propose janitorial,
grounds maintenance, refuse collection and disposal, building maintenance,
elevator maintenance, alarm system maintenance, and maintenance
construction. The RFP anticipated the award of a fixed-price contract with
indefinite-delivery orders, with a 1-year base performance period and nine
1-year option periods, and advised offerors that proposals would be
evaluated on the basis of the following factors: experience/past
performance; management plan; staffing plan and resources; and price. The
three non-price factors were of equal weight and, combined, were "slightly
more important than price." RFP sect. M-1, para. 1.
As relevant here, the RFP evaluation criteria stated that the agency would
examine offerors' price proposals based on the "total price of the base
period and all option periods," and that price proposals would be
evaluated on the basis of realism, completeness, balance and
reasonableness. RFP sect. M, para. M-2. Offerors were instructed to submit
"unit prices and amounts (in EURO) for contract line items (CLINS)
contract subline items (SLINS), and exhibit line items (ELINS) as
indicated in the schedules and accompanying exhibits." RFP sect. B, para.
B.2. With regard to these price items, offerors were required to submit
price proposals that contained "Completed Section J, Attachment 1,
Exhibits A thru K, ELINs." RFP sect. L-8, para. b.1.C.
The solicitation also specifically cautioned offerors to include schedules
for ELIN prices for the base period and all nine of the option periods. In
this regard, the agency highlighted the fact that, although the RFP
provided an ELIN schedule for only the base year, offerors were required
to submit schedules for ELIN prices for the option years as well, stating:
CAUTIONS TO OFFERORS . . .
THE BASE PERIOD OF THE CONTRACT IS FOR 12 Months
THE CONTRACT HAS FOUR OPTION Periods and the possibility of earning 5
additional award option periods
BIDDERS SHALL OFFER THEIR PRICE FOR BASE PERIOD AND ALL 9 OPTION
PERIODS.
Please note that the ELIN schedule provided is only for the Base Period
and it is the responsibility of the Offeror to develop and submit an
ELIN schedule for each of the Option Periods including the Award Option
Periods. See Section J, Attachment A.
RFP sect. B, Additional Data for sect. B.
The RFP required offerors to submit proposals via e-mail. On or before the
April 4, 2006 closing date, the agency received proposals from 11
offerors, including JVP and BOS.
Full decision text continues on ProtestIntel...