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B-281323 1 (1999-01-25)

handle is hein.gao/gaocrptajge0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a I GAO Protective Order. This redacted version has been approved for public release. Matter of: Gemini Industries, Inc. File: B-281323 Date: January 25, 1999 Victoria R. Bondoc for the protester. Mark H. Alexander, Esq., Defense Commissary Agency, for the agency. Mary G. Curcio, Esq., David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that evaluation of proposals received in response to solicitation for Office of Management and Budget Circular No. A-76 cost comparison against undisclosed government staffing estimate was inconsistent with objective of obtaining performance at the lowest cost is denied; government has the right to obtain the services it requires to meet its needs and, in order to do so, may evaluate proposals against an undisclosed reasonable estimate of appropriate staffing, where the RFP notifies offerors that staffing is an area of evaluation and evaluation takes into account unique features of offeror's proposal. DECISION Gemini Industries, Inc. protests the rejection of its proposal as technically unacceptable under request for proposals (RFP) No. DECAO1-98-R-0007, issued by the Defense Commissary Agency (DCA) for receiving/storage/holding area, shelf stocking, and custodial services for the commissary at Fort Drum, New York. Gemini argues that the evaluation method used by DCA was improper, and that the agency evaluated its proposal against unstated criteria. We deny the protest. The RFP was issued as part of a cost comparison under Office of Management and Budget (OMB) Circular No. A-76, to determine whether it would be more economical to accomplish the work in-house using government employees, or by contract. The RFP provided, at section M.2, that proposals would be evaluated for price and price realism, and against the following nonprice related factors: (1) past performance; (2) adequate staffing and staff-hours for the shelf stocking function; (3) adequate staffing and staff-hours for the custodial function including, as applicable, the meat market processing, preparation and wrapping area, the

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