B-310617, Superior Landscaping Company, Inc., January 15, 2008

B-310617 Jan 15, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Superior Landscaping Company, Inc. protests the award of a contract to The Davey Tree Expert Company, under request for proposals (RFP) No. W91WAW-07-R-0022, issued by the Department of the Army for grounds maintenance services at the Arlington National Cemetery. The protester principally contends that the agency unreasonably evaluated its proposal as marginal under the technical capability evaluation factor. We deny the protest. View Decision B-310617, Superior Landscaping Company, Inc., January 15, 2008 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 Decision Matter of: Superior Landscaping Company, Inc. File: B-310617 Date: January 15, 2008 Michael A. Gordon, Esq., and Fran Baskin, Esq., Holmes & Gordon, for the protester. Andrew E. Mishkin, Esq., Tamara M. McNulty, Esq., and Daniel E. Toomey, Esq., Duane Morris LLP, for The Davey Tree Expert Company, an intervenor. LTC James A. Lewis, Department of the Army, for the agency. Linda C. Glass, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency's evaluation of protester's technical proposal is unobjectionable where the record established that the evaluation is reasonable and consistent with the stated evaluation criteria; protester's mere disagreement with the agency's evaluation does not render the evaluation unreasonable. DECISION Superior Landscaping Company, Inc. protests the award of a contract to The Davey Tree Expert Company, under request for proposals (RFP) No. W91WAW-07-R-0022, issued by the Department of the Army for grounds maintenance services at the ArlingtonNationalCemetery. The protester principally contends that the agency unreasonably evaluated its proposal as marginal under the technical capability evaluation factor. We deny the protest. BACKGROUND The RFP was issued on June 8, 2007, for grounds maintenance services at ArlingtonNationalCemetery. The RFP provided for the award of an indefinite-delivery/ indefinite-quantity contract with fixed-price and labor-hour task orders for a period of 12 months with four 12-month options. This RFP replaced a previous solicitation that resulted in an award to Davey Tree that was subsequently terminated for convenience in response to an earlier protest filed by Superior. The RFP provided that the award would be made to the best overall proposal considering the following evaluation factors: technical capability, past performance, small business participation plan and price. RFP sect. M.1. The RFP further provided that in order to receive consideration for award, a rating of no less than –acceptable— must be achieved for the technical capability and past performance evaluation factors. The technical capability evaluation factor consisted of the following four equally weighted subfactors: relevant experience, key personnel experience, operational procedures to accomplish requirements and quality control plan. RFP sect. M.2. The RFP also informed offerors that the government intended to evaluate proposals and award a contract without discussions. In recognition of certain unique requirements associated with maintaining the grounds at ArlingtonNationalCemetery, the RFP explained that: ArlingtonNationalCemetery is our nation's most sacred shrine and the final resting place for our most revered military and political leaders. Arlington Cemetery receives four to six million visitors per year - including visits from the President of the United States, other heads of state, family members of the deceased, and millions of tourists from around the world. Approximately 6,000 funerals are conducted yearly - in addition to over 2,000 other ceremonies, such as commemorations, wreath ceremonies, and head-of-state visits. These ceremonies and funerals often receive the intense focus of the press and other media. Because of Arlington's special significance and the attention it receives, strict adherence to these specifications is essential. Failure to meet specifications will have a negative impact on our nation's image and will not be tolerated. The successful contractor forms a true partnership with the federal government to ensure those who served our nation are properly honored. RFP sect. C.1.2. Seven proposals were received, including those from Superior and Davey Tree, by the closing date for receipt of proposals.[1] The proposals were subsequently evaluated by the evaluation team which provided its recommendations to the source selection authority (SSA). Only Davey Tree and another offeror were rated –acceptable— or higher in the technical capability evaluation factor.