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B-277916 1 (1997-10-27)

handle is hein.gao/gaocrptagdz0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Mechanical Contractors, S.A. File: B-277916 Date: October 27, 1997 Carlton G. Opel for the protester. Carlos A. De Obaldia, Esq., De Obaldia & Garcia de Parades, for Formal Management Systems, Inc., an intervenor. Theodore G. Lucas, Esq., Panama Canal Commission, for the agency. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Source selection decision cannot be determined reasonable where it is based on a misevaluation of the proposals of the protester and awardee. DECISION Mechanical Contractors, S.A. (MECSA) protests the award of a contract to a higher-priced offeror, Formal Management Systems, Inc. (FMS), under request for proposals (RFP) No. CC-97-33, issued by the Panama Canal Commission (PCC) for cleaning and painting of four miter gate leaves in the Panama Canal. The RFP calls for abrasive blast cleaning and exterior painting above the water line using inorganic zinc primer and coal tar polyurethane and below the water line using hot-applied coal tar enamel (CTE). The RFP also requires the performance of mechanical, electrical, and other necessary work. MECSA contends that the proposals of both MECSA and FMS were improperly evaluated under the specialized experience and past performance evaluation subfactors. MECSA contends that the evaluation board (EB) intentionally and unfairly evaluated the proposals with the result that this allegedly competitive procurement was actually a sole source to FMS, which has been performing this work for the last 10 years. We sustain the protest. The RFP, issued on May 12, 1997, required an offeror to submit a technical proposal and a price schedule. Technical proposals were to be evaluated on the basis of two equally weighted technical factors: technical approach and performance capability. The technical approach factor listed seven specific subfactors; the performance capability factor listed five specific subfactors, including specialized experience and past performance. These two subfactors each were assigned a possible 30 points, for a total of 60 points out of 100 points that could be given under the performance

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