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B-271557 1 (1996-07-29)

handle is hein.gao/gaocrptaeew0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Meridian Management Corporation; Consolidated Engineering Services, Inc. File: B-271557; B-271557.2; B-271557.3 Date: July 29, 1996 Michael A. Gordon, Esq., and Fran Baskin, Esq., Holmes, Schwartz & Gordon, for Meridian Management Corporation; and David M. Nadler, Esq., C. Ernst Edgar IV, Esq., and Robert J. Moss, Esq., Dickstein, Shapiro & Morin, for Consolidated Engineering Services, Inc., the protesters. Gregory S. Hill, Esq., Tate Facilities Service, Inc., an intervenor. Charles A. Walden, Esq., Department of Justice, for the agency. Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a negotiated procurement for facility management, the contracting agency improperly waived mandatory solicitation requirements regarding the on-site status and qualifications of personnel in selecting a nonconforming offer for award and without notifying other offerors of the agency's actual requirements and providing offerors the opportunity to fairly compete. DECISION Meridian Management Corporation and Consolidated Engineering Services, Inc. protest the award of a contract to Tate Facilities Services, Inc. under request for proposals (RFP) No. DEA-95-R-0010, issued by the Drug Enforcement Administration (DEA), Department of Justice, for facility management of the DEA's Lincoln Place Buildings in Arlington, Virginia. Meridian and Consolidated argue that DEA waived the RFP's minimum personnel requirements in making award to Tate. We sustain the protests. The RFP provided for the award of a fixed-price contract for facility management, including operation, maintenance, repair, and janitorial services, for two DEA buildings, comprising more than 900,000 square feet of space, for a base year with 4 option years. The minimum level of work and services to be provided was set forth in the statement of work (SOW), which included the requirement that the 344812

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