Brown Point Facility Management Solutions, LLC (1498285)
Case: B-420299
Agency: Department of the Interior : National Park Service
Protester: Brown Point Facility Management Solutions, LLC
Date: 2022-01-24
Denied
B-420299
Jan 24, 2022
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Highlights
Brown Point Facility Management Solutions, LLC, of Lincoln, Rhode Island, challenges the issuance of a task order to HamHed, LLC, of Jeffersonville, Indiana, under request for quotations (RFQ) No. 1498285, issued by the Department of the Interior, National Park Service (NPS) for custodial and janitorial services for service areas in San Francisco and Marin Counties, California. The protester contends that the agency unreasonably evaluated its past performance.
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: Brown Point Facility Management Solutions, LLC
File: B-420299
Date: January 24, 2022
William O’Reilly, Esq., Isaac Schabes, Esq., and Jonathan Baker, Esq., Crowell & Moring LLP, for the protester.
Joshua Schnell, Esq., Cordatis Law LLP, for HamHed, LLC, the intervenor.
Adrienne Bolton, Esq., and James L. Weiner, Esq., Department of the Interior, for the agency.
Emily R. O’Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging past performance evaluation of protester’s quotation is denied where error did not competitively prejudice the protester, and the evaluation was otherwise reasonable and consistent with the terms of the solicitation.
DECISION
Brown Point Facility Management Solutions, LLC, of Lincoln, Rhode Island, challenges the issuance of a task order to HamHed, LLC, of Jeffersonville, Indiana, under request for quotations (RFQ) No. 1498285, issued by the Department of the Interior, National Park Service (NPS) for custodial and janitorial services for service areas in San Francisco and Marin Counties, California. The protester contends that the agency unreasonably evaluated its past performance.
We deny the protest.
BACKGROUND
The solicitation was issued on June 21, 2021, through the General Services Administration’s (GSA) e-Buy system under the procedures of Federal Acquisition Regulation (FAR) subpart 8.4 to small business vendors holding federal supply schedule (FSS) contracts for “complete facilities maintenance and management” and “complete facilities maintenance.” Agency Report (AR), Tab 1A, RFQ Posting Email at 1; Contracting Officer’s Statement (COS) at 2. The RFQ sought custodial and janitorial services, including the interior and exterior cleanings of windows, entrances, steps, walkways, and bathrooms for recreation and administrative buildings. AR, Tab 2B, Performance Work Statement (PWS) at 3.
The agency contemplated issuing a fixed-price order on a best-value tradeoff basis, considering the following factors: price, relevant experience, and past performance. AR, Tab 5B, RFQ at 20.[1] Relevant experience and past performance, when combined, were equally as important as price. Id. at 21.
Brown Point and HamHed each submitted timely quotations. COS at 4. NPS initially issued the task order to Brown Point on July 28, 2021. Id. HamHed protested to GAO, contending that the agency failed to reasonably evaluate HamHed’s relevant experience and past performance, along with Brown Point’s price. HamHed, LLC, B-420046, Aug. 23, 2021 (unpublished decision). In response, NPS notified GAO that it would take corrective action, by reevaluating the quotations from HamHed and Brown Point, and issuing a new award decision if appropriate. Id. Our Office dismissed the protest as academic on August 23. Id.
The reevaluation resulted in the following assessment of quotations:
HamHed
Brown Point
Relevant Experience
Acceptable
Acceptable
Past Performance[2]
Satisfactory
Unsatisfactory
Price
$584,436
$554,372
AR, Tab 10, Source Selection Decision (SSD) at 5, 7. Thereafter, the source selection authority (SSA) selected HamHed for award, and the agency notified Brown Point of its unsuccessful quotation on October 4. Id.
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