Data Monitor Systems, Inc.

B-415761 Mar 06, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Data Monitor Systems, Inc., a service-disabled veteran-owned small business (SDVOSB) of Midwest City, Oklahoma, challenges the terms of solicitation No. FA4654-17-R-0007 issued by the Department of the Air Force for base operations and support services at Grissom Air Reserve Base, Indiana. The protester contends that several terms of the solicitation are unreasonable or otherwise contrary to law or regulation. Specifically the protester contends that the agency erred by: establishing a lowest-price, technically-acceptable source selection scheme, declining to consider past performance as an evaluation factor, and failing to provide sufficient information to allow offerors to compete on a common basis. We deny the protest. We deny the protest. View Decision Decision Matter of:  Data Monitor Systems, Inc. File:  B-415761 Date:  March 6, 2018 Robert S. Gardner, Esq., Angeline R. Burke, Esq., and Laura A. Gardner, Esq., Robert S. Gardner Law Office, for the protester. Alexis J. Bernstein, Esq., and Captain Justin D. Haselden, Department of the Air Force, for the agency. Michael Willems, Esq., Eric Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging agency’s decision to use a lowest-priced, technically-acceptable source selection scheme is denied where record reflects that, prior to issuance of the solicitation, agency officials identified and documented reasonable bases for using such an approach. 2.  Protest challenging agency’s decision not to employ past performance as an evaluation factor is denied where record reflects that, prior to issuance of the solicitation, agency officials identified and documented reasonable bases for using such an approach that are consistent with applicable Federal Acquisition Regulation requirements. 3.  Protest alleging that the solicitation does not provide adequate information to allow offerors to compete on a common basis is denied where the solicitation provides adequate information for offerors to compete intelligently and on an equal basis. DECISION Data Monitor Systems, Inc., a service-disabled veteran-owned small business (SDVOSB) of Midwest City, Oklahoma, challenges the terms of solicitation No. FA4654‑17-R-0007 issued by the Department of the Air Force for base operations and support services at Grissom Air Reserve Base, Indiana.  The protester contends that several terms of the solicitation are unreasonable or otherwise contrary to law or regulation.  Specifically the protester contends that the agency erred by:  establishing a lowest-price, technically-acceptable source selection scheme, declining to consider past performance as an evaluation factor, and failing to provide sufficient information to allow offerors to compete on a common basis. We deny the protest. BACKGROUND On August 17, 2017, the agency posted a draft request for proposals (RFP) on the Federal Business Opportunities website to allow potential offerors to comment on the solicitation.  Agency Report (AR), Tab 1, Contracting Officer’s Statement of Facts (COSF) at 4-5.  Additionally, the agency held a site visit for prospective offerors, and later released an initial RFP on October 11.  Id. at 2, 5.  Two rounds of questions and answers and solicitation amendments followed, resulting in the issuance of a final revised RFP on November 27.  Id. at 5. The RFP contemplates the award of a contract for assorted base operations and support services to include:  supply functions, vehicle operations and maintenance, traffic management, fuel management, real property maintenance, pest control, airfield management, and weather services.  See AR, Tab 3, RFP at 1‑14.  The functions contemplated by the RFP also include the operation and maintenance of a variety of government-furnished equipment (GFE), to include several large snow-moving vehicles.  AR, Tab 8, Government-Furnished Property Listing. The RFP is set aside for SDVOSBs, and provides for a primarily fixed-price contract, with some cost plus fixed-fee and cost reimbursable line items.  See RFP at 1‑14.  In this regard, the RFP requires offerors to calculate their fixed prices based on a specified number of estimated labor hours, with any additional hours over and above those estimated hours to be paid on a cost-plus-fixed-fee basis.  Id.