B-299931; B-299931.2, GlassLock, Inc., October 10, 2007
Case: B-299931
Agency:
Protester: B
Date: 2007-10-10
Sustained
B-299931; B-299931.2, GlassLock, Inc., October 10, 2007
TITLE: B-299931; B-299931.2, GlassLock, Inc., October 10, 2007
BNUMBER: B-299931; B-299931.2
DATE: October 10, 2007
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B-299931; B-299931.2, GlassLock, Inc., October 10, 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: GlassLock, Inc.
File: B-299931; B-299931.2
Date: October 10, 2007
Robert S. Brams, Esq., and Elizabeth M. Gill, Esq., Patton Boggs LLP, for
the protester.
Jonathan S. Baker, Esq., Environmental Protection Agency, for the agency.
Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Under a solicitation for competitive quotations issued under the
Federal Supply Schedule program that only provided for vendors to submit
prior experience/past performance references for the past 5 years, an
agency improperly considered and awarded strengths, based on information
provided by the successful vendor with its quotation, for projects that
were completed more than 5 years ago.
2. Agency failed to evaluate quotations reasonably or in accordance with
the solicitation where strengths relating to the successful vendor's
experience and past performance were assigned under the project
plan/schedule technical factor, which did not encompass evaluation of the
vendor's experience and past performance, and where the solicitation
contained a separate evaluation factor for experience/past performance
under which the successful vendor received consideration for its
experience/past performance.
3. Under solicitation for competitive quotations issued under the Federal
Supply Schedule program that provided for a tradeoff analysis with
technical factors being more important than price, agency improperly based
issuance of an order on the lowest-priced, technically acceptable
quotation.
DECISION
GlassLock, Inc. protests the award of a task order to Commercial Window
Shield (CWS) under request for quotations (RFQ) No. RFQ-DC-07-00168,
issued by the Environmental Protection Agency (EPA) for the procurement
and installation of window retrofits for window glass fragment retention
in 15 EPA facilities in the United States and Puerto Rico.[1] GlassLock
argues that the agency's evaluation of CWS's quotation and the selection
of that quotation for award were unreasonable.
We sustain the protests.
BACKGROUND
The RFQ contemplated the award of a fixed-priced order based upon a
competition among Federal Supply Schedule (FSS) vendors. The solicitation
stated that award would be made to the vendor representing the "best
value," and listed, in descending order of importance, prior
experience/past performance on similar projects, project plan/schedule,
and organization and staffing as the technical evaluation factors; the
technical factors combined were said to be more important than price.[2]
RFQ at 1-3. The solicitation requested that vendors provide price offers
on two different options: (1) security film with attachment systems and
(2) security film only; the RFQ stated that the EPA would choose the
option it determined to be the best value to the Government. RFQ at 1.
The agency received quotations from three vendors, including CWS and
GlassLock, by the RFQ's closing date. GlassLock's quotation was evaluated
as [DELETED] by the TEP under each of the three technical factors and
overall, with a total price for option No. 2 of [DELETED] AR, Tab 5, TEP
Report, at 2-4; Tab 6, Source Selection Decision, at 3. CWS's quotation
received from the TEP an [DELETED] rating for the prior experience/past
performance on similar projects factor, an [DELETED] rating for the
project plan/schedule factor, and an [DELETED] rating for the organization
and staffing factor, with an overall rating of "above average" and a total
price for option No. 2 of [DELETED][3] AR, Tab 5, TEP Report, at 5-7; Tab
6, Source Selection Decision, at 3. Because of the "huge cost difference
between" the vendors' option No. 2 prices, the agency contacted CWS to
review its pricing, ensure there were no errors, and provide a price
breakdown to account for these differences. Based on its review of the
information provided and after a further conversation with one of CWS's
references, the agency determined that CWS could successfully perform the
work at its quoted price. AR, Tab 6, Source Selection Decision, at 3-4.
The agency determined that because of budget constraints option No.
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