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B-284693 1 (2000-05-24)

handle is hein.gao/gaocrptalbb0001 and id is 1 raw text is: -e GeAtOa __Comptroller General of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 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: Lloyd H. Kessler, Inc. File: B-284693 Date: May 24, 2000 Jan D. Sokol, Esq., Stewart Sokol & Gray, for the protester. James L. Weiner, Esq., and Alton E. Woods, Esq., Department of the Interior, for the agency. Henry J. Gorczycki, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency is required to disclose in the solicitation a subfactor to evaluate a particular type of experience under the experience factor where the subfactor constitutes 40 percent of the technical evaluation. DECISION Lloyd H. Kessler, Inc. protests the award of a contract to John L. Jersey & Son, Inc. under request for proposals (RFP) No. FWS1-00-P004(KH), issued by the Department of the Interior, United States Fish and Wildlife Service (USFWS), for river dike reno vatio n/rehabilitatio n at the Ridgefield National Wildlife Refuge, Washington. Kessler protests that the agency did not adhere to the stated RFP evaluation factors and improperly used unstated significant subfactors in the evaluation, and improperly evaluated Kessler's past performance. We sustain the protest. The RFP, issued October 29, 1999, contemplated the award of a fixed-price construction contract. Contract performance cannot begin until the eagle leaves its nest in August 2000. RFP amend. 0002, at 1, 3. The RFP stated a best value evaluation plan under which price and capability score are of equal importance. RFP at 53. The capability score was said to be based on 100 possible points divided between (1) experience of firm (30 points) and (2) past performance of firm (70 points). RFP at 45.

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