Facility Services Management, Inc. (W91278-23-R-0051)

B-422259.2 Sep 24, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Facility Services Management, Inc. (FSI), of Clarksville, Tennessee, protests the award of a contract to J&J Maintenance Inc. d/b/a J&J Worldwide Services, of Austin, Texas, under solicitation No. W91278-23-R-0051, issued by the Department of the Army, Corps of Engineers (Corps), for operations and maintenance of the Defense Health Agency program at Dwight David Eisenhower Army Medical Center, Fort Eisenhower, Georgia. The protester contends that the agency unreasonably evaluated the awardee's past performance. 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: Facility Services Management, Inc. File: B-422259.2 Date: September 24, 2024 John C. Dulske, Esq., Katelyn D. Hoelscher, Esq., and Alyssa Isenberg, Esq., Steptoe & Johnson, PLLC, for the protester. Adam K. Lasky, Esq., Edward V. Arnold, Esq., and Erica L. Bakies, Esq., Seyfarth Shaw LLP, for J&J Maintenance Inc. d/b/a J&J Worldwide Services, the intervenor. Kaley E. Angus, Esq., Department of the Army, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the evaluation of awardee’s past performance is denied where it was reasonable and consistent with the terms of the solicitation. DECISION Facility Services Management, Inc. (FSI), of Clarksville, Tennessee, protests the award of a contract to J&J Maintenance Inc. d/b/a J&J Worldwide Services, of Austin, Texas, under solicitation No. W91278-23-R-0051, issued by the Department of the Army, Corps of Engineers (Corps), for operations and maintenance of the Defense Health Agency program at Dwight David Eisenhower Army Medical Center, Fort Eisenhower, Georgia. The protester contends that the agency unreasonably evaluated the awardee’s past performance. We deny the protest. BACKGROUND The Corps issued the solicitation on September 23, 2023, using the procedures of Federal Acquisition Regulation part 15. Agency Report (AR), Tab 3, Request for Proposals (RFP) at 4.[1] The agency sought proposals to perform all operation, maintenance, repair, and facility management support tasks and functions for medical facilities at Eisenhower Army Medical Center, Fort Eisenhower, Georgia. AR, Tab 4, RFP amend. 1 at 32. The solicitation contemplated award of a single fixed-price contract with a base year and four 1-year options. Id. at 5; AR, Tab 14, Source Selection Decision Document (SSDD) at 3. The solicitation established that award would be made on a best-value tradeoff basis considering price and the following four non-price evaluation factors, listed in descending order of importance: (1) past performance information of the prime contractor (past performance); (2) technical approach; (3) management approach; and (4) small business approach. AR, Tab 4, RFP amend. 1 at 8. The non-price factors, when combined, were significantly more important than price. Id. The agency received six timely proposals. Contracting Officer’s Statement (COS) at 7. On December 1, the Corps awarded the contract to J&J. Id. at 8. Following notification of the award decision, FSI filed a protest with our Office asserting that the agency unreasonably failed to consider J&J’s performance under another relevant contract in the past performance evaluation. Facility Servs. Mgmt., Inc., B-422259, Jan. 22, 2024 (unpublished decision) at 1. In response, the agency notified our Office that it intended to take corrective action; specifically, the agency stated that it would consider the contract identified in FSI’s protest in the past performance evaluation and make a new award decision. Id. at 1-2. We dismissed the protest as academic on January 22, 2024. Id. Subsequently, the agency reevaluated proposals, summarizing the results as follows:   FSI J&J Past performance Substantial confidence Substantial confidence Technical approach Acceptable Acceptable Management approach Acceptable Acceptable Small business approach Acceptable Acceptable Price $30,283,290 $25,988,289   AR, Tab 14, SSDD at 43. Based on the reevaluation, the contracting officer, who also acted as the source selection authority, concluded that J&J’s proposal provided the best value. Id. at 42-44. Following notification of the award to J&J and receiving a debriefing, FSI filed this protest with our Office. DISCUSSION The protester challenges the Corps’s evaluation of J&J’s proposal under the past performance evaluation factor and the resulting award decision.