Barents Group, L.L.C., B-276082; B-276082.2, May 9, 1997
Case: B-276082
Agency:
Protester: Barents Group, L.L.C., B
Date: 1997-05-09
Sustained
Barents Group, L.L.C., B-276082; B-276082.2, May 9, 1997
BNUMBER: B-276082; B-276082.2
DATE: May 9, 1997
TITLE: Barents Group, L.L.C., B-276082; B-276082.2, May 9, 1997
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DOCUMENT FOR PUBLIC RELEASE
A protected decision was issued on the date below and was subject to a
GAO Protective Order. This version has been redacted or approved by
the parties involved for public release.
Matter of:Barents Group, L.L.C.
File: B-276082; B-276082.2
Date:May 9, 1997
Brian A. Darst, Esq.; William A. Roberts III, Esq.; Lee P. Curtis,
Esq.; Jerone C. Cecelic, Esq.; and Andrew D. Irwin, Esq., Howrey &
Simon, for the protester.
Robert A. Mangrum, Esq.; and Jason I. Hewitt, Esq., Winston & Strawn
for Chemonics International, Inc.; Paul Shnitzer, Esq., and Mark D.
Taylor, Esq., for Booz-Allen & Hamilton; Dean M. Dilley, Esq., and
Mary Beth Bosco, Esq., Patton Boggs, for Abt Associates, Inc.,
intervenors.
Rosemary T. Rakas, Esq., and William D. Jones, Agency for
International Development, for the agency.
John Van Schaik, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Under solicitation that calls for proposals to provide resumes for
various labor categories, including investment bankers, and to
"provide adequate evidence of appropriate academic credentials and
depth of experience and professional qualifications as specified in
[the] RFP for the designated areas of technical specialty," the
evaluation was flawed since the resumes submitted by one awardee for
the investment banker category do not appear to meet a reasonable
definition of investment banker.
2. Under solicitation that calls for fixed daily salaries and fixed
multipliers for personnel, award is flawed because awardee's proposal
included conditions on its multipliers. Since awardee's proposal
included conditions on its multipliers, no award could be made based
on that proposal without opening discussions in order to remove those
conditions or amending the solicitation to allow other offerors to
propose on the same terms.
DECISION
Barents Group, L.L.C. protests the award of contracts to Chemonics
International, Inc., Booz-Allen & Hamilton, Inc., Abt Associates,
Inc., Carana Corporation, and Deloitte Touche Tohmatsu under request
for proposals (RFP) No. OP/B/PCE-96-001 issued by the Agency for
International Development (AID) for technical assistance to support
AID's Economic Growth Center.
We sustain the protest.
BACKGROUND
This procurement is part of AID's Support for Economic Growth and
Institutional Reform Project, a primary purpose of which is to provide
AID with technical expertise in economic and institutional analysis
and private sector development issues. While the RFP provides for the
award of contracts in two functional areas, only contract line item
0001, which concerns privatization issues, is at issue in this
protest. Under contracts awarded pursuant to line item 0001,
contractors are to work with AID staff to facilitate the transfer of
assets from state ownership and management to private ownership and
management. Work under those contracts is to be performed pursuant to
task orders issued by the agency and negotiated with the contractors.
The RFP contemplated award of four to six indefinite quantity
contracts under line item 0001, each for a 3-year base period and 2
option years, with one contract set aside for award under the Small
Business Administration's 8(a) program.
The RFP indicated that contracts would be awarded to responsible
offerors submitting acceptable, reasonably priced proposals with
technical and cost scores that offered the greatest value to the
government and that awards would be made based on initial proposals.
The RFP explained that proposals were to be assigned technical scores
and cost scores, which were to be reduced to an overall proposal
score, with technical weighted 60 percent and cost 40 percent. The
technical evaluation was to include consideration of the following
criteria, with each criterion assigned 25 points:
1. Personnel qualifications and experience
2. Quality and responsiveness
3. Demonstrated corporate experience
4. Past performance
The RFP also provided that after the evaluation of offers, every
qualified offeror would make an oral presentation and participate in a
question and answer session with the evaluation committee.
The RFP called for offerors to propose a separate "maximum fixed daily
salary" for the base period and each of the option periods for each of
seven labor categories. The RFP stated that actual salaries for
individuals proposed under each task order are to be negotiated but
cannot exceed the maximum salaries proposed in response to the RFP.
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