Rig Masters, Inc. v. United States

70 Fed. Cl. 413, 2006 WL 1006633, 2006 U.S. Claims LEXIS 98
CourtUnited States Court of Federal Claims
DecidedApril 14, 2006
DocketNo. 05-1277C
StatusPublished
Cited by12 cases

This text of 70 Fed. Cl. 413 (Rig Masters, 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
Rig Masters, Inc. v. United States, 70 Fed. Cl. 413, 2006 WL 1006633, 2006 U.S. Claims LEXIS 98 (uscfc 2006).

Opinion

ORDER AND OPINION

HODGES, Judge.

The United States Army Corps of Engineers solicited a contract for the operation and management of recreational facilities at four lake sites in Mississippi. Plaintiff Rig Masters protested the Corps’ decision to award the contract to another party, Ferguson-Williams, contending that the award was arbitrary and capricious and violated applicable procurement law. The issue is whether the Government had an obligation to engage in discussions with Rig Masters concerning the shortcomings in its offer.

The Government responds with the observation that all bidders knew the Corps intended to award the contract to the best value offeror on initial proposals. See, e.g., Administrative Record 1990 (“The Government intends to evaluate proposals and make [an] award without discussions.”). The Corps of Engineers conducted this procurement lawfully. We deny plaintiffs motion for judgment on the Administrative Record for the reasons discussed below. Defendant’s cross-motion is granted.

THE SOLICITATION

The Corps of Engineers is responsible for the operation, maintenance, repair, inspection, reconstruction, and rehabilitation of certain recreational facilities in Northern Mississippi. These facilities are located at Lakes Grenada, Enid, Sardis, and Arkabutla. The Corps issued a Solicitation for Competitive Proposals for a contractor that would carry out these duties for one year, with four single-year options. The Corps restricted the procurement to small businesses.

The April 8, 2005 Solicitation contemplated a “fee consisting of a base amount fixed at the inception of the contract and an award amount that the Contractor may earn in whole or in part during performance and that is sufficient to provide motivation for excellence in such areas as quality, timeliness, technical ingenuity, and cost-effective management.” AR 1790. Offerors were to propose an estimated cost for each year of the five-year term, with a base fee not to exceed three percent of total estimated costs. AR 1787. They also could include an award fee of up to seven percent of total costs for each year. Id. Fee award determinations were “made solely at the discretion of the Government.” AR 1790.

The Government alerted bidders that they would “provide many operations, maintenance, and repair activities.” Id. A role of the contractor would be “maximizfing] the effectiveness of ... overall operations while minimizing costs to the Government.” Id. The Solicitation called for interested parties to “propose cost-effective methods, plans, and resources that will increase efficiency and maximize performance.” Id.

Staffing was important to the Corps of Engineers. Bidders’ proposals were to “provide staffing and work plans to efficiently accomplish inspection, operation, maintenance, reconstruction, repair, and rehabilitation of project facilities and features.” AR 1810. The Contractor had to be “capable of transporting and otherwise making all proposed manpower resources available at any location contained in the scope of this con[415]*415tract; i.e., by providing a sufficient number of vehicles, boats, etc., to facilitate the [Operation and Maintenance] activities.” Id. Proposals were to demonstrate that each person staffed under the contract possessed a minimum level of skill and experience. AR 1810-11.

Equipment requirements were similarly crucial. The proposals were to include the equipment that the contractor intended to use at the lakes. The equipment would “efficiently accomplish inspection, operation, maintenance, reconstruction, repair, and rehabilitation of project facilities and features[,]” considering the scope of the contract work. AR 1811.

Section L of the Solicitation instructed interested parties how to prepare their bids. The proposals were to include Technical and Management Capability and Cost components. AR 1976. While the Solicitation contained forms that bidders could use to support their proposals, the instructions noted that “other information required herein and any additional information that you feel will be supportive of your proposal may be submitted separately.” Id. The Solicitation informed offerors that it was their “responsibility to ensure the completeness and accuracy of [their] proposal.” Id.

INITIAL PROPOSALS

The Corps received seven proposals at the June 22, 2005 closing date, including those of plaintiff Rig Masters and awardee Ferguson-Williams. Their bids contained technical proposals, past performance criteria, and projected costs.

Rig Masters’ technical proposal included an annual staffing plan and a list of the contractor-furnished equipment for each of the four lake sites. AR 227-35. Rig Masters proposed [] fee clerks at Arkabutla Lake, [ ] fee clerk at Enid Lake, [ ] fee clerks at Grenada Lake, and [ ] fee clerks at Sardis Lake. AR 227-30. It planned to use [] pieces of equipment at Arkabutla Lake, Enid Lake, and Grenada Lake, and [] pieces at Sardis Lake. AR 232-35. Plaintiff offered a base contract year cost of [ ], with a base fee of [ ] percent, or [ ]. AR 862. The award fee of [] percent added []. Id. Rig Masters’ proposed contract cost for the base year and the four option years was []. AR 98; 865.

Ferguson proposed using [] park attendant aides/fee clerks at Arkabutla Lake, [ ] at Sardis Lake, [] at Enid Lake, and [] at Grenada Lake. AR 1202-05. It would furnish [] pieces of equipment at Arkabutla Lake, [ ] at Enid Lake, [ ] at Grenada Lake, and [ ] at Sardis Lake. AR 1209-12. Ferguson’s total estimated cost for the base contract year was [], with a base fee of [] percent and an award fee of [] percent. This was a total contract cost of [] for the base year and the four single-year options. AR 98; 1359.

THE CONTRACTING OFFICER’S EVALUATION

Section M of the Solicitation outlined the factors the Corps of Engineers would consider in its evaluation. AR 1990. Section M.3 stated:

Evaluation and Selection Procedures. Selection of a Contractor will be made by an integrated assessment of the proposals submitted and in light of the following criteria. The integrated assessment will involve a determination by the Government of the overall merit of each offeror’s proposal, recognizing that subjective judgment on the part of the Government evaluators is implicit in the entire process.
All offeror’s proposals will be evaluated for technical quality and quantity and assigned an adjectival rating based upon the criteria set forth herein.
A cost realism analysis will be performed. Award will be made to the offeror whom the Government determines will be able to accomplish the necessary work in the manner most advantageous to the Government and who’s offer represents the best value to the Government, after considering all factors, including estimated cost. The evaluation of technical capabilities will be accomplished without reference to cost. Technical Capability is more important than Past Performance. Past Performance is more important than Cost. All evaluation factors other than cost or price, [416]*416when combined, are significantly more important than cost or price.
The offeror must demonstrate the equipment capability required by the contract.

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Bluebook (online)
70 Fed. Cl. 413, 2006 WL 1006633, 2006 U.S. Claims LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rig-masters-inc-v-united-states-uscfc-2006.