Southern Research

B-266360 Feb 12, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Or unnecessary is untimely. Slightly lower-rated proposal is denied where agency reasonably determined that cost premium involved in awarding to higher-rated. Higher-priced offeror was not justified. Southern argues that the RFP is defective because the performance work statement (PWS) contains a requirement for additional services that were "unquantified. That during discussions the agency effectively requested the protester to add more personnel than what was required by the solicitation which caused the protester to increase its overall price. That the selection of Southeastern for award was inconsistent with the award criteria. It expressly stated that technical experience and delivery were more important than price. View Decision Matter of: Southern Research File: B-266360 Date: February 12, 1996 Post-award protest challenging the requirements in solicitation for additional archeological services or staff as vague, indefinite, or unnecessary is untimely. Protest against award to offeror with a lower-priced, slightly lower-rated proposal is denied where agency reasonably determined that cost premium involved in awarding to higher-rated, higher-priced offeror was not justified. Attorneys DECISION Southern Research protests the award of a contract to Southeastern Archeological Services, under request for proposals (RFP) No. DABT10-95-R-0055, issued by the Department of the Army, for archeological services. Southern argues that the RFP is defective because the performance work statement (PWS) contains a requirement for additional services that were "unquantified, vague and indefinite"; that during discussions the agency effectively requested the protester to add more personnel than what was required by the solicitation which caused the protester to increase its overall price; and that the selection of Southeastern for award was inconsistent with the award criteria. We deny the protest. As amended, the RFP contemplated award of a firm, fixed-price contract for an archeological survey of approximately 4,406 acres located at Fort Benning. The PWS called for a contractor to provide personnel, facilities, equipment, and supplies to perform the required types of work, including background research, field survey, laboratory analysis, artifact conservation, documentation and reporting. Among other things, the PWS stated at section C.5.4.4 that: "Additional services which may be required during the intensive survey include written recommendations for mitigation and alternatives; preparation of time and cost estimates for mitigation measures; completion of National Register of Historic Places forms; and preparation and production of special reports." The solicitation established 12 labor categories, setting forth minimum educational and experience requirements. The RFP generally provided that award would be made to the offeror whose proposal can accomplish the necessary work in a manner most advantageous to the government. It expressly stated that technical experience and delivery were more important than price. On August 16, prior to the time set for receipt of initial proposals, Southern submitted a written request to the contracting officer to clarify six technical areas in the RFP, including section C.5.4.4. In response, the Army issued amendment 0002 on August 25 which revised four of the six technical areas; however, section C.5.4.4 of the solicitation was not revised. In follow-up telephone conversations initiated by the protester with the contracting officer and the contract specialist, the firm was advised that the two areas not addressed by amendment 0002 would remain the same. The agency received four offers, including offers from Southern and Southeastern, by the September 11 amended closing date. All four offers were included in the competitive range with the proposals submitted by Southern and Southeastern receiving the highest technical rating possible. Based on Southern's greater experience as a successful contractor for these type services at Fort Benning, its proposal was ranked first; Southeastern's proposal was ranked second. Oral discussions were held with the four offerors on September 15, and best and final offers (BAFO) were submitted on September 19. After BAFOs were evaluated, the technical ratings and rankings for Southern and Southeastern remained the same; Southeastern offered a BAFO price that was $5,100 less than the price offered by Southern. The contracting officer determined that Southeastern's offer was the most advantageous to the government on the basis that Southeastern's price advantage outweighed the protester's slight advantage in experience. Award was made to Southeastern on September 22.