Phoenix Management, Inc. (FA8101-19-R-A022)

Case: B-418724 Agency: Protester: Phoenix Management, Inc. Date: 2020-08-14 Denied
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B-418724 Aug 14, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Phoenix Management, Inc., of Austin, Texas, protests the award of a contract to Data Monitor Systems, Inc. (DMS), of Midwest City, Oklahoma, under request for proposals (RFP) No. FA8101-19-R-A022, issued by the Department of the Air Force for base supply and munitions services at Tinker Air Force Base (AFB) in Oklahoma. The protester asserts the agency unreasonably concluded that DMS's proposal was technically acceptable, and improperly evaluated price proposals, relying on an incorrect independent government estimate (IGE). 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:  Phoenix Management, Inc. File:  B-418724 Date:  August 14, 2020 Kristin Zachman, Esq., Bailey & Bailey, PC, for the protester. Ian P. Patterson, Esq., Matthew P. Moriarty, Esq., and Shane J. McCall, Esq., Koprince Law LLC, for Data Monitor Systems, Inc., the intervenor. Christopher M. Judge, Esq., and Colonel Patricia S. Wiegman-Lenz, Department of the Air Force, for the agency. Kasia Dourney, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that contracting agency improperly evaluated awardee’s proposal as technically acceptable is denied where the record shows the evaluation was reasonable and consistent with the terms of the solicitation. 2.  Protest challenging an agency’s evaluation of the offerors’ price proposals, and alleging that it was based on an incorrect independent government estimate (IGE), is denied where the IGE was not the sole basis for the agency’s evaluation of price, and the agency reasonably concluded that both offerors’ prices were reasonable and realistic. DECISION   Phoenix Management, Inc., of Austin, Texas, protests the award of a contract to Data Monitor Systems, Inc. (DMS), of Midwest City, Oklahoma, under request for proposals (RFP) No. FA8101-19-R-A022, issued by the Department of the Air Force for base supply and munitions services at Tinker Air Force Base (AFB) in Oklahoma.  The protester asserts the agency unreasonably concluded that DMS’s proposal was technically acceptable, and improperly evaluated price proposals, relying on an incorrect independent government estimate (IGE). We deny the protest. BACKGROUND The RFP, issued on July 9, 2019, for “all personnel, equipment, tools, vehicles, materials, supervision, and other items and services necessary to perform the supply function” at Tinker AFB, contemplated the award of a fixed-price contract for a base period of 11 months with four 1-year options.  Agency Report (AR), Tab 5a, RFP at 3-8, 109, 256. The solicitation stated that award would be made on a best-value tradeoff basis to the offeror whose proposal would be most advantageous to the government, considering technical/management acceptability; past performance; and cost/price.  Id. at 247. The solicitation provided that proposals were to be first evaluated for technical acceptability, and assigned ratings of acceptable or unacceptable.  RFP at 249.  The technical/management acceptability factor included three subfactors:  program management and orientation plan; manpower and organization chart; and execution plans.  RFP at 248-49.  Technically acceptable proposals were then to be further evaluated under the past performance and price factors, which were of approximately equal importance, followed by a source selection in which the agency could make a tradeoff between past performance and price.  Id.

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