Three Cities Management, LLC (W911SD21R0054)
Case: B-420812
Agency: Department of the Army : Department of the Army
Protester: Three Cities Management, LLC
Date: 2022-08-31
Denied
B-420812,B-420812.2
Aug 31, 2022
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Highlights
Three Cities Management, LLC (TCM), a small business of Middletown, New York, protests the award of a contract to Rice Services, Inc. (Rice), a small business of Smithville, Tennessee, under request for proposals (RFP) No. W911SD21R0054, which was issued by the Department of the Army for mess attendant and waiter services at the United States Military Academy (USMA) in West Point, New York. TCM challenges the agency's evaluation of proposals, tradeoff analysis, and resulting source selection decision.
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: Three Cities Management, LLC
File: B-420812; B-420812.2
Date: August 31, 2022
Samuel S. Finnerty, Esq., Jonathan T. Williams, Esq., Katherine B. Burrows, Esq., and Patrick T. Rothwell, Esq., Piliero Mazza PLLC, for the protester.
Aron C. Beezley, Esq., Lisa A. Markman, Esq., Sarah S. Osborne, Esq., and Gabrielle A. Sprio, Esq., Bradley Arant Boult Cummings LLP, for Rice Services, Inc., the intervenor.
Abraham Young, Esq., Andrew J. Smith, Esq., Major Michael R. Tregle, Jr., and Captain Camille Grathwohl, Department of the Army, for the agency.
Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the agency’s evaluation of offerors’ technical proposals and past performance is denied where the agency’s evaluation was reasonable and in accordance with the solicitation.
2. Protest that the agency failed to perform a proper best-value tradeoff and essentially converted the basis for award from tradeoff to lowest-priced, technically acceptable is denied where the record shows that the agency performed a best-value tradeoff that was reasonable and adequately documented.
DECISION
Three Cities Management, LLC (TCM), a small business of Middletown, New York, protests the award of a contract to Rice Services, Inc. (Rice), a small business of Smithville, Tennessee, under request for proposals (RFP) No. W911SD21R0054, which was issued by the Department of the Army for mess attendant and waiter services at the United States Military Academy (USMA) in West Point, New York. TCM challenges the agency’s evaluation of proposals, tradeoff analysis, and resulting source selection decision.
We deny the protest.
BACKGROUND
The RFP, which was issued on August 2, 2021, and subsequently amended seven times, sought proposals to provide mess attendant and waiter services at the Cadet Mess in Washington Hall at the USMA. Agency Report (AR), Tab 3a, RFP at 1, 3. The contractor will provide mess attendant and waiter services supporting family style service, cafeteria style service, optional meals, mandatory meals, grab and go,
take out service, individual plate service, and special event meals for 4,400 cadets, serving 1.8 million meals annually. Id. at 3.
The RFP anticipated the award of a fixed-price contract with a 1-year base period (including a 1-month phase-in period), and six 1-year option periods. Id. at 63‑74. Award was to be made on a best-value tradeoff basis utilizing the following evaluation factors: (1) integrated staffing and management approach; (2) past performance; and (3) price. Id. at 88. The integrated staffing and management approach factor was significantly more important than past performance, and the non-price factors, when combined, were significantly more important than price. Id.
Under the integrated staffing and management approach factor, offerors were to submit separate staffing and management plans, which the agency was to evaluate under a single integrated evaluation factor to determine if the offeror had clearly demonstrated a sound understanding of the solicitation’s requirements. Id. at 58-59, 88. Additionally, the agency was to consider proposed staffing by number and labor category proposed for the duration of performance, as well as proposed personnel qualifications by position and labor category, the program management approach, property management plan, and phase-in approach. Id. at 88.
Under the past performance factor, offerors were to provide information regarding the offeror’s performance of at least three, and up to six, contracts for similar services performed within the past 5 years. Id. at 60‑61. The agency would evaluate each contract for recency, relevancy, and quality. Id. at 90. To be recent, the effort must have been performed for at least 12 months during the 5 years prior to the due date for proposals. Id.
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