South Dade Air Conditioning and Refrigeration, Inc. (47PD0322Q0004)

B-421406 Apr 25, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights South Dade Air Conditioning and Refrigeration, Inc., of Selma, Alabama, protests the establishment of a blanket purchase agreement (BPA) with Raven Services Corporation, of Manassas, Virginia, under solicitation No. 47PD0322Q0004, issued by the General Services Administration (GSA) for facilities engineering, operations and maintenance, and related services at fourteen locations throughout the state of Alabama. South Dade asserts that the agency unreasonably evaluated its quotation as unacceptable and ineligible for the BPA. We dismiss 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: South Dade Air Conditioning and Refrigeration, Inc. File: B-421406 Date: April 25, 2023 Michelle F. Kantor, Esq., and Sanford E. Watson, Esq., McDonald Hopkins LLC, for the protester. W. Benjamin Phillips, III, Esq., and John Prairie, Esq., Wiley Rein, LLP, for Raven Services Corporation, the intervenor. Robert Notigan, Esq., and Benjamin D. Lorber, Esq., General Services Administration, for the agency. Michelle F. Kantor, Esq., McDonald Hopkins LLC, for the protester. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency used risk as an unstated evaluation factor is dismissed since performance risk is intrinsic to stated evaluation factors. 2. Protest that agency unreasonably evaluated protester’s quotation under four technical elements as unacceptable is dismissed where protester is not an interested party because it abandoned challenges about two of the elements that make the protester’s quotation ineligible for award. DECISION South Dade Air Conditioning and Refrigeration, Inc., of Selma, Alabama, protests the establishment of a blanket purchase agreement (BPA) with Raven Services Corporation, of Manassas, Virginia, under solicitation No. 47PD0322Q0004, issued by the General Services Administration (GSA) for facilities engineering, operations and maintenance, and related services at fourteen locations throughout the state of Alabama. South Dade asserts that the agency unreasonably evaluated its quotation as unacceptable and ineligible for the BPA. We dismiss the protest. BACKGROUND The solicitation, issued on April 28, 2022, contemplated the establishment of one BPA against GSA’s Multiple Award Schedule Facilities--Facilities Maintenance and Repair contract in accordance with Federal Acquisition Regulation (FAR) subpart 8.4. Agency Report (AR), Exh. 3, Request for Quotation (RFQ) at 1, 5. The solicitation provided that the BPA would be established with the vendor that submitted the quotation that provided the best value to the government considering price, and the following non-price factors listed in descending order of importance: management plan, prior experience, past performance, and small business socioeconomic category designation. RFQ at 14. The management plan factor included two components with a total of ten elements that vendors were required to address as follows: (1) management approach with elements for staffing plan; monthly progress and communications plan; and quality control plan, and (2) technical approach with elements for preventive/predictive maintenance plan; National Computerized Maintenance Management System (NCMMS) usage and data management plan; repair plan; service request and administrative support plan; energy and water management approach; technical program, property, and project support plan; and elevator support plan. Id. Quotations were submitted and evaluated in two phases. During phase 1, vendors responded to the prior experience, past performance, small business socioeconomic category designation, and price factors, and submitted other eligibility information. RFQ at 15-16; AR, Exh. 11, Evaluation Panel Preliminary Report Phase 1 at 5.[1] Vendors that progressed to phase 2 submitted their responses to the management plan factor. RFQ at 16. In evaluating the management plan factor, the evaluators considered whether the vendor’s response to each element met the solicitation requirements or included favorable or unfavorable aspects.[2] AR, Exh. 10, Evaluation Panel Preliminary Report Phase 2 at 12, 59-64; Response to GAO Request for Additional Briefing at 1. The evaluators then assigned an overall rating of excellent, very good, acceptable, or unacceptable to the management plan factor. AR, Exh. 10, Evaluation Panel Preliminary Report Phase 2 at 13. As relevant to this protest, unacceptable is defined as: The factor/quote indicated the Contractor is unlikely to meet some or all of the requirements of the BPA. An “unacceptable” quote cannot be awarded.