Marianas Management Corporation

B-411593 Sep 03, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Marianas Management Corporation (MMC), of Saipan, Northern Mariana Islands, protests the General Services Administration's (GSA) award of a lease to EFC Services Corporation, also of Saipan, under request for lease proposals (RLP) No. 1MP2006, for the lease of a new building for the United States District Court and other federal agencies. We deny the protest. We deny the protest. View Decision 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: Marianas Management Corporation File: B-411593 Date: September 3, 2015 William J. Ohle, Esq., Schwabe, Williamson & Wyatt, for the protester. Marilyn M. Paik, Esq., General Services Administraton, for the agency. Paula J. Haurilesko, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency improperly accepted a proposed site for a federal courthouse that was located within the tsunami inundation zone and failed to meet the solicitation's elevation requirements for buildings in the zone is denied, where the site did not lie within the tsunami inundation zone as defined by the solicitation. 2. Protest that the agency improperly credited the awardee for proposing a site where eating facilities were located more than ½ mile away is denied, where the solicitation provided the contracting officer with the discretion to accept sites that are located more than ½ mile from eating facilities. DECISION Marianas Management Corporation (MMC), of Saipan, Northern Mariana Islands, protests the General Services Administration's (GSA) award of a lease to EFC Services Corporation, also of Saipan, under request for lease proposals (RLP) No. 1MP2006, for the lease of a new building for the United States District Court and other federal agencies. We deny the protest. BACKGROUND The RLP sought offers for the lease of a new building for the United States District Court, U.S. Probation Office, U.S. Marshals Service, and the U.S. Attorney's Office in Saipan, in the Northern Mariana Islands. RLP at 4. The RLP provided that award would be made on a best value basis considering price and the following technical factors: (1) development team and key personnel experience, (2) development team and key personnel past performance, (3) facility design, (4) site layout and design, and (5) site/location. The technical factors were weighted equally, and when combined, the technical factors were less important than price. Id. at 22. The RLP identified several requirements that offerors must meet. In this regard, the RLP stated that an offered site shall not be within the "tsunami inundation zones" as defined in the solicitation, and that adequate eating facilities shall be located "within the immediate vicinity of the Building, but generally not exceeding a walkable ½ mile, as determined by the [Lease Contracting Officer]." RLP at 5. In addition, under the development team and key personnel experience factor, the RLP identified five individuals as required key personnel: principal in charge for the developer, project manager for the developer, lead designer, project architect, and project manager for the general contractor. RLP at 22. As relevant here, the RLP required that the project manager for the developer: have at least 10 years of experience in commercial office development; be personally responsible for the overall project delivery activities of two similar projects; and be available and able to commit to the project up to 70 percent of a typical 40-hour work week in the period between lease award and construction completion. Id. at 24. The RLP further required under the development team and key personnel past performance factor that offerors ensure that references associated with two of the four projects required to be submitted under the experience factor complete a past performance reference form and submit the form directly to GSA. The RLP advised that GSA would evaluate past performance for: (1) quality of building and services, (2) cost control, (3) timeliness of performance, and (4) business relations. The RLP also advised offerors that the agency may obtain past performance information from sources other than those provided by the offeror. RLP at 25. Under the facility design factor, the RLP identified for evaluation 11 aspects of the design for the office building and secure parking garage, and 18 aspects specific to the office building. The aspects to be evaluated included, among other things, overall design impression of the building, finished ceiling height, exterior building materials, and blast resistance. Id. at 26. GSA received proposals from four offerors.