Jason Associates Corporation, B-278689; B-278689.2; B-
Case: B-278689
Agency:
Protester: Jason Associates Corporation, B
Date: 1998-03-02
Denied
Jason Associates Corporation, B-278689; B-278689.2; B-
BNUMBER: B-278689; B-278689.2; B-278689.3
DATE: March 2, 1998
TITLE: Jason Associates Corporation, B-278689; B-278689.2; B-
278689.3, March 2, 1998
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Matter of:Jason Associates Corporation
File: B-278689; B-278689.2; B-278689.3
Date:March 2, 1998
Mark A. Rowland, Esq., and Lane L. McVey, Esq., McKenna & Cuneo, for
the protester.
John R. Jefferies, Esq., Fennemore Craig, for Gutierrez-Palmenberg,
Inc., an intervenor.
Jeffrey I. Kessler, Esq., and Maj. Harry W. Longbottom, Department of
the Army, for the agency.
Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that source selection authority (SSA) acted improperly
when, in response to eventual awardee's agency-level protest of the
exclusion of its proposal from the competitive range, she reevaluated
a portion of the proposal and reinstated it in the competitive range
is denied; the SSA acted within her authority and her reevaluation was
reasonable and consistent with the solicitation's evaluation factors.
2. Protest that SSA improperly considered the proposals of the
protester and the awardee to be tied under the performance risk
evaluation factor when the performance risk assessment group found
distinctions is denied where the record shows that the SSA's
conclusions were reasonable and consistent with the solicitation's
evaluation scheme; agency's failure to check all references listed in
the proposal is unobjectionable.
3. Protest that no contemporaneous documentation exists to show that
the SSA followed the solicitation's weighted basis for award scheme in
making her award decision is denied where her post-protest
explanation, which is consistent with the contemporaneous
documentation, provides a detailed rationale for her decision which is
sufficient for our Office to conclude that her decision was both
consistent with the solicitation and reasonable.
DECISION
Jason Associates Corporation protests the award of a contract to
Gutierrez-Palmenberg, Inc. (GPI) under request for proposals (RFP) No.
DAAD01-97-R-0001, issued by the Department of the Army to obtain
environmental support services at the U.S. Army Yuma Proving Ground
(USAYPG) in Yuma, Arizona. Jason challenges various aspects of the
Army's evaluation of GPI's proposal and its source selection decision.
We deny the protests.
BACKGROUND
The USAYPG conducts developmental and desert environmental testing of
materiel, and must ensure that these testing activities and its
facility operations comply with federal, state, and Army
environmental/radiation statutes and regulations. To this end, the
USAYPG requires the services of an environmental support contractor to
provide scientific, engineering, technical, and regulatory compliance
assistance. Tasks will generally fall within the areas of analyses,
studies, remediation, evaluations of the effects of USAYPG activities,
and preparation of reports and other required documents. RFP sec. C.1.
Commerce Business Daily announcements advised potential contractors
that the Army intended to procure these services under a multi-phase
acquisition set aside for small businesses. Under Phase I of the
acquisition, offerors' "mini-proposals" were to be evaluated pursuant
to a color-coded rating scheme to determine the firms' technical
capabilities under various weighted factors.[1] Technically capable
firms were to be down-selected to participate in Phase II of the
acquisition.
The contracting officer, who served as the source selection authority
(SSA) for this procurement, conducted the Phase I evaluation. The
mini-proposals of Jason and GPI, the incumbent contractor providing
these services, were evaluated as follows:
Phase I Factors GPI Jason
Contractor Experience (5)GreenBlue
EPA Violations (5) Green Green
Key Personnel (4) Green Green
Quality Assurance Plan (4)BlueGreen
Training Program (3)Green Green
Subcontracting (2) Green Blue
The contracting officer's contemporaneous documentation shows that she
ranked GPI's Phase I proposal first and Jason's third overall. Both
firms were down-selected to participate in Phase II of the
acquisition.
The RFP, issued May 29, 1997, explained that Phase II proposals were
to be evaluated under three factors: technical merit, performance
risk analysis, and cost. RFP Attachment (Att.) 2, para. 2. Technical
merit, the most important factor, consisted of three equally important
subfactors: understanding of problems/objectives; specific contractor
capabilities and experience in cited subject areas; and technical
report/writing quality. Id. at para. 2.A.
Full decision text continues on ProtestIntel...