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B-292218.3 1 (2004-03-31)

handle is hein.gao/gaocrptaphn0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy 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: Ashe Facility Services, Inc. File: B-292218.3; B-292218.4 Date: March 31, 2004 Michael A. Gordon, Esq., Holmes, Schwartz & Gordon, for the protester. Ira E. Hoffman, Esq., and James A. McMillan, Esq., Grayson, Kubli & Hoffman, for Kira, Inc., an intervenor. Richard G. Welsh, Esq., Naval Facilities Engineering Command, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is sustained where solicitation contained an ambiguity regarding whether the agency intended to include indefinite-quantity prices in its evaluation of total price or whether the agency intended to evaluate indefinite-quantity prices solely for reasonableness. Because the ambiguity was latent, the issue was timely when raised after award. 2. Protest that agency improperly failed to consider the protester's key personnel under the corporate experience factor is sustained where the record reveals that the agency considered the awardee's key personnel when it evaluated the awardee's corporate experience. 3. Protest that awardee's proposal contained material misrepresentations regarding its status as a qualified Historically Underutilized Business Zone (HUBZone) small business concern is dismissed; protest ultimately involves issue of whether awardee was a qualified HUBZone concern, a matter within the exclusive statutory authority of the Small Business Administration. DECISION Ashe Facility Services, Inc. protests the award of a contract to Kira, Inc. for base operating support services at two Navy installations in Florida under request for proposals (RFP) No. N69272-03-R-1010, issued by the Naval Facilities Engineering Command (NAVFAC). Ashe principally alleges that the RFP's price evaluation provision contained a latent ambiguity and that the agency improperly evaluated its proposal, as well as the proposal submitted by Kira.

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