Mark Dunning Industries, Inc.

B-413321.4 Jul 26, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Mark Dunning Industries, Inc. (MDI), of Dothan, Alabama, protests the award of a contract to CoSTAR Services, Inc., of San Antonio, Texas, under request for proposals (RFP) No. N69450-15-R-2106, issued by Department of the Navy, Naval Facilities Engineering Command Southeast, for regional base operations support services. The protester challenges the evaluation of CoSTAR's past performance. 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 version has been approved for public release. Decision Matter of:  Mark Dunning Industries, Inc. File:  B-413321.4 Date:  July 26, 2017 Douglas P. Hibshman, Esq., and Nicholas T. Solosky, Esq., Fox Rothschild LLP, for the protester. Michael A. Gordon, Esq., Michael A. Gordon, PLLC, for CoSTAR Services, Inc., the intervenor. Susan E. Sharp, Esq., Department of the Navy, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably evaluated awardee’s past performance as acceptable notwithstanding some number of allegedly negative interim contract administration reports where the agency considered the contractor performance assessment reports for the contract, which assessed an overall positive rating for the awardee. DECISION Mark Dunning Industries, Inc. (MDI), of Dothan, Alabama, protests the award of a contract to CoSTAR Services, Inc., of San Antonio, Texas, under request for proposals (RFP) No. N69450-15-R-2106, issued by Department of the Navy, Naval Facilities Engineering Command Southeast, for regional base operations support services.  The protester challenges the evaluation of CoSTAR’s past performance. We deny the protest. BACKGROUND The RFP, issued as a set-aside for small business concerns, contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity (IDIQ) contract for regional base operation services (to include custodial, grounds maintenance, waste management, and pest control services) at Naval Air Station Jacksonville, FL, Bureau of Medicine and Surgery, Jacksonville, Blount Island, Jacksonville, FL, Naval Station Mayport, FL, and the outlying areas supported by these commands.  The contemplated contract was for a base year and four 1-year option periods.  The RFP established that proposals would be evaluated on five factors:  (1) corporate experience; (2) management and technical approach; (3) safety; (4) past performance; and (5) price, and that award would be made on a lowest-priced, technically-acceptable basis.  RFP at 82-83, 145.  Of particular relevance, with respect to past performance, the RFP required offerors to submit past performance references, and for each reference, to provide a completed contractor performance assessment report (CPARS) evaluation if such evaluation was available.  Id. at 151-152.  The RFP also provided that the agency “may elect to consider data from other sources.”  Id.  Further, the RFP indicated that past performance would be evaluated based on the degree to which available information reflected a trend of satisfactory performance.  Id. The agency initially made award to MDI.  CoSTAR, the incumbent contractor, subsequently filed a protest with our Office, which was dismissed following notification by the agency that it would take corrective action by reevaluating the protester’s proposal, conducting discussions if necessary, and issuing a new or revised source selection decision as appropriate.  Following the completion of the agency’s corrective action, the agency selected CoSTAR for award, finding that CoSTAR submitted the lowest-priced, technically‑acceptable proposal.  MDI challenged CoSTAR’s small business size status at the Small Business Administration (SBA) on January 20, 2017.[1]  On February 22, the SBA notified the agency that it had determined that CoSTAR was a small business for the subject procurement.  Agency Request for Summary Dismissal, Exhibit A, SBA Determination, at 1.  The agency notified MDI that it had made award to CoSTAR on April 5, and subsequently provided MDI with a debriefing.  This protest followed. DISCUSSION MDI challenges the agency’s evaluation of CoSTAR’s past performance, arguing that, had the agency reasonably considered CoSTAR’s past performance of the incumbent contract, it would have found CoSTAR’s proposal unacceptable.