JV SKE Italy Srl 2012 Scarl
Case: B-414884.3
Agency: Department of Defense : Department of the Army
Protester: JV SKE Italy Srl 2012 Scarl
Date: 2018-01-24
Denied
B-414884.3
Jan 24, 2018
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Highlights
SKE Italy Srl, of Vicenza, Italy, protests the award of a contract to Ganter Interior GmbH, of Waldkirch, Germany, under request for quotations (RFQ) No. W912PF-17-T-0030, issued by the Department of the Army for maintenance and repair services for family housing at the United States Army Garrison (USAG) in Vicenza, Italy. The protester, the incumbent contractor, argues that the agency unreasonably evaluated the awardee's company experience and performed an unreasonable price realism analysis.
We deny the protest.
We deny the protest.
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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: SKE Italy Srl
File: B-414884.3
Date: January 24, 2018
William F. Savarino, Esq., and Daniel J. Strouse, Esq., Cohen Mohr LLP, for the protester.
Lisa Marchese, Esq., and Kate H. Kennedy, Esq., Davis Wright Tremaine LLP, for Ganter Interior GmbH, the intervenor.
Jeremy D. Burkhart, Esq., and Scott N. Flesch, Esq., Department of the Army, for the agency.
Joshua R. Gillerman, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the evaluation of the awardee's quotation is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation.
DECISION
SKE Italy Srl, of Vicenza, Italy, protests the award of a contract to Ganter Interior GmbH, of Waldkirch, Germany, under request for quotations (RFQ) No. W912PF-17-T-0030, issued by the Department of the Army for maintenance and repair services for family housing at the United States Army Garrison (USAG) in Vicenza, Italy. The protester, the incumbent contractor, argues that the agency unreasonably evaluated the awardee's company experience and performed an unreasonable price realism analysis.
We deny the protest.
BACKGROUND
The RFQ, issued on April 21, 2017, contemplated the award of a fixed-price contract, with time and materials contract line item numbers (CLINs), for all management, personnel, materials, and services necessary to perform military family housing maintenance and repair services for the USAG-Italy, in Vicenza, Italy. Agency Report (AR), Tab 3, RFQ at 1, 33, 48. The acquisition was conducted in accordance with Federal Acquisition Regulation (FAR) part 12, "Acquisition of Commercial Items," and FAR subpart 13.5, "Simplified Procedures for Certain Commercial Items." AR, Tab 10, RFQ, amend. No. 0005, at 25.
Award was to be made to the lowest-priced, technically-acceptable (LPTA) quotation. AR, Tab, 10, RFQ, amend. No. 0005, at 27. In order to be eligible for award, the vendor's quotation must be rated as acceptable for both non-price factors: technical and past performance. [1] Id. To make award, the agency would evaluate the apparent lowest-priced quotation for acceptability under the non-price factors. If the apparent lowest-priced quotation was found acceptable for all the non-price factors, the agency would not evaluate the acceptability of any other quotations. Id.
The technical factor was further divided into four subfactors. Relevant here, subfactor 2, company experience, required vendors to demonstrate that they had experience providing similar requirements for the maintenance of residential/commercial areas or communities. RFQ, amend. No. 0005, at 29. To be acceptable under this subfactor, vendors were required to provide contract information of at least one relevant project currently being performed, or completed within three years of the solicitation release date, that was "similar in size, scope, magnitude, and complexity" as the requirements set forth in the RFQ. Id. The RFQ defined "scope" to mean that the project was for the total maintenance of residential/commercial areas. Id. Additionally, the RFQ provided that the project should have a value of at least €1 million per year. Id.
Also relevant to the protest, as part of its performance, the contractor would be required to operate a "U-Do-It" center. RFQ, Performance Work Statement (PWS), at 122. The "U-Do-It" center would issue tools, materials, and supplies necessary for residents to perform normal self-help projects. Id. The contractor would be responsible for maintaining minimum inventories and establishing an electronic-tracking system for managing the center's inventory. Id. at 123.
With regard to price, quotations were to be evaluated for reasonableness. RFQ, amend. No.
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