Reema Consulting Services, Inc. v. United States

107 Fed. Cl. 519, 2012 U.S. Claims LEXIS 1442, 2012 WL 5901035
CourtUnited States Court of Federal Claims
DecidedNovember 6, 2012
DocketNo. 12-402C
StatusPublished
Cited by23 cases

This text of 107 Fed. Cl. 519 (Reema Consulting Services, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reema Consulting Services, Inc. v. United States, 107 Fed. Cl. 519, 2012 U.S. Claims LEXIS 1442, 2012 WL 5901035 (uscfc 2012).

Opinion

OPINION

ALLEGRA, Judge:

In this bid protest ease, Reema Consulting Services, Inc. (Reema) challenges actions taken by the United States Army, Edgewood Chemical Biological Center (ECBC) in regards to a contract to provide environmental sciences support services. It seeks both in-junctive relief and an award of bid preparation and proposal costs. The parties have filed cross-motions for judgment on the administrative record. For the reasons that follow, the court DENIES plaintiff’s motion for judgment on the administrative record and GRANTS defendant’s cross-motion. It finds that plaintiff is entitled to neither in-junctive relief nor bid preparation and proposal costs.

I. BACKGROUND

The administrative record in this ease reveals the following:

On July 16, 2009, ECBC issued Request for Proposals (RFP) No. W911SR-09-R-0018 for a contract to provide environmental, safety, health, and research support for operations at ECBC.2 The RFP envisioned the award of an indefinite-quantity, indefinite-delivery (IQID) contract with a period of performance of sixty (60) month and minimum and maximum values of $100,000 and $48,500,000, respectively. Within the RFP, a detañed statement of work (SOW) informed potential offerors that task orders could encompass fourteen (14) different categories of mission-critical duties, including collection and analysis of chemical and biological samples, onsite inspections of workplaces, handling chemical and biological agents, maintenance and testing of equipment, and operation of ECBC’s information technology system. The SOW indicated that “[t]he Contractor ... shall furnish the necessary resources (except for those delineated in the separate task orders as Government furnished property or assistance) to accomplish [the] tasks.”3 The RFP indicated that only small businesses eligible under the 8(a) program of the Small Business Administration (SBA) could compete for the award.4

Under the RFP, each offeror’s proposal was to consist of three volumes, each dedicated to an evaluation factor: (i) technical/management; (ii) past performance; and (iii) cost. In the technical/management and cost volumes, offerors were to respond to two sample evaluation tasks; ECBC reserved the right to issue task orders for those two tasks at the prices proposed by the contract awar-dee. Task 1 involved support for the Environmental Monitoring Laboratory through [522]*522the collection and analysis of air and environmental samples for chemical agents, associated decomposition products, and characterization analysis. Task 2 involved maintaining and managing a database for sample collection and analysis data.

Section L.3.1 of the RFP, which listed the requirements for the technieal/management part of the proposal, required each offeror to include certain “UNCOSTED information that will be used to determine cost realism” for each of the two evaluation tasks. The “UNCOSTED information” was to include, inter alia, “[a] detailed breakdown of equipment and materials, as appropriate, identifying specific equipment and showing specific materials that will be required,” as well as the “[e]stimated quantities for materials and equipment.” The “UNCOSTED information” was to “correlate with the information submitted in accordance with [the cost volume].” The offeror was also to discuss the facilities that it and its subcontractor would use to perform work off-site, a personnel plan, a management plan, and information on its proposed approach.

Section L.3.3 of the RFP established the requirements for the cost portion of the of-ferors’ proposals. It began by stating that “[s]ubmission of cost or pricing data is not required.” Nevertheless, it instructed offer-ors to “prepare a cost proposal which shall include a breakout of cost and fee for evaluation tasks 1 and 2, and provide information other than cost and pricing data that is adequate for evaluating the reasonableness of the price and determining cost realism.” It emphasized that “THE BURDEN OF PROOF AS TO COST CREDIBILITY RESTS WITH THE OFFEROR.” This section of the RFP further advised that “[t]he offeror must furnish supporting breakdowns for each cost element within each task” for a variety of “basic cost elements,” including “Materials. Specify type, quantity, unit cost, total cost, and overhead.”

The section of the RFP that described Task 1 indicated, at several points, that the government would furnish certain materials to the contractor. By way of example, section 6.0, entitled “Government Furnished Property or Assistance,” stated that “[t]he Government will provide the ... laboratory and laboratory facilities located in [certain specified buildings and] the necessary and type of equipment to perform specified requirements outlined in this task order.”5 The only provision relating to Task 1 that mentioned the contractor providing equipment, subsection 3.8, stated:

3.8 Equipment Purchase. The Contractor shall purchase necessary equipment and supplies required to maintain and continue safe, efficient and effective operations on site. This requirement may occur when equipment malfunctions or become [sic] inoperable on-site or during nonworking hours and need [sic] to be replaced. Equipment and supplies shall be closely coordinated with Government personnel. However, approximately $6,000.00 per month may be expected to be spent on materials and supplies in support of this task.... The Government will reimburse the Contractor for actual costs accrued.

The contractor was required to submit periodic status reports concerning its expenditures for supplies and equipment.

Section M of the RFP indicated that the “[a]ward will be made to the responsible offeror whose proposal conforms to the solicitation requirements and represents the best value to the Government using the tradeoff process.” The tradeoff process permitted “tradeoffs among the specific evaluation factors and will allow award to other than the lowest priced offeror or other than the highest technically rated offeror.” The RFP listed three evaluation factors: (i) technical/management; (ii) past performance; and (iii) cost. Under the technical/management factor, each offeror was to be evaluated on four subfactors: (a) proposed approach; (b) personnel plan; (c) management plan and tools; and (d) facilities. The technical/management factor was “significantly more important than the Past Performance Factor, which is more important than the Cost Fac[523]*523tor.” Within the teehnical/management factor, the proposed approach subfactor was “more important than” the other subfactors. The personnel plan and management plan and tools subfactors were “equally important and individually ... significantly more important than” the facilities subfactor. The evaluators were to assign the technieal/man-agement factor and subfactors adjectival ratings of excellent, good, satisfactory, or unsatisfactory.6 Each technical/management factor and subfactor was also to receive a proposal risk rating of low risk, moderate risk, or high risk. Past performance was to be evaluated and assigned an adjectival rating of low risk, moderate risk, high risk, or unknown risk.

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Bluebook (online)
107 Fed. Cl. 519, 2012 U.S. Claims LEXIS 1442, 2012 WL 5901035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reema-consulting-services-inc-v-united-states-uscfc-2012.