The Arora Group, Inc., B-280978.3; B-280978.4, January 27,
Case: B-280978.3
Agency:
Protester: The Arora Group, Inc., B
Date: 1999-01-27
Denied
The Arora Group, Inc., B-280978.3; B-280978.4, January 27,
BNUMBER: B-280978.3; B-280978.4
DATE: January 27, 1999
TITLE: The Arora Group, Inc., B-280978.3; B-280978.4, January 27,
1999
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Matter of:The Arora Group, Inc.
File: B-280978.3; B-280978.4
Date:January 27, 1999
Edward J. Tolchin, Esq., Fettmann, Tolchin & Majors, for the
protester.
Johnathan Bailey, Esq., Theodore M. Bailey, P.C., for Professional
Performance Development Group, Inc., an intervenor.
Maj. David Newsome, Jr., Department of the Army, for the agency.
Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency improperly evaluated protester's proposal is
denied where review of record demonstrates that the evaluation was
reasonable and consistent with the stated evaluation factors.
2. Cost/technical tradeoff was reasonable where agency considered the
costs and technical merits of each proposal in deciding that the
awardee's proposal represented the best value to the government.
DECISION
The Arora Group, Inc. protests the evaluation of its proposal under
request for proposals (RFP) No. DADA10-98-R-0014, issued by the U.S.
Army Medical Command for occupational health services.
We deny the protest.
The RFP, issued to procure occupational health services at Federal
Occupational Health Centers (FOH) and Wellness and Fitness Centers,
provided for the award of an indefinite-delivery, indefinite-quantity
contract. The RFP, at sections M.2.5.2. and M.3, stated that
proposals would be evaluated against the following factors and
subfactors:
(1) Technical Quality ([based on an] Oral Presentation and
documentation)
(A) Management Capability
(B) Recruitment and Retention (including Compensation Plans,
descriptions and Employee handbook)
(C) Employee/Subcontractor Qualifications
(2) Contractor Quality Control Plan
(3) Past and Present Performance
(4) Cost/Price
The solicitation also provided that the contract would be awarded on
the basis of the best value to the government, with price worth
significantly less than nonprice factors in the award decision. RFP sec.
M.2.5, M.3. Eleven offerors submitted proposals, which were evaluated
by a technical evaluation team (TET). Each member of the team first
assigned a numerical score between -10 and +10 to each proposal for
each factor and subfactor. Agency Report, Oct. 2, 1998, at 3. The
evaluators then reached a consensus score for each factor and
subfactor, and a total score which was weighted based on the relative
importance of the factors and subfactors. Following the evaluation,
the proposals of Professional Performance Development Group (PPDG) and
a second offeror were rated superior, with scores of 8.3 and 8.5,
respectively, while Arora's proposal, with a score of 1.7, was rated
acceptable. Contracting Officer's Statement, at 2 (submitted in
connection with B-280978). The agency awarded the contract to PPDG
after determining that its proposal represented the best value to the
government. Price Negotiation Memorandum, at 4.
Arora challenges the agency's evaluation of its proposal under the
technical quality and quality control factors, as well as the
cost\technical tradeoff.
When a protester challenges an agency's evaluation of its proposal, we
will examine the evaluation to ensure that it was reasonable and
consistent with the stated evaluation criteria and applicable statutes
and regulations. EBA Eng'g Inc., B-275818, Mar. 31, 1997, 97-1 CPD para.
127 at 5. We find that the evaluation of Arora's proposal met this
standard.
TECHNICAL QUALITY
Management Capability
Under the management capability subfactor of technical quality, the
evaluators criticized Arora's proposal because they found it did not
provide a discussion of specific management techniques, tools and
practices to ensure quality and timeliness of services, as
specifically required by RFP sec. L.22, at L-22.[1] More specifically,
the agency found that, while the proposal generally discussed how
Arora's management practices were consistent with the American Nursing
Association and Joint Commission and listed broad objectives (such as
complete FOH mission support, delivery of responsive services, and
achievement of client satisfaction), the proposal did not provide
specific practices to achieve those objectives. TET Chairperson
Statements, Nov. 10, 1998, at 1; Dec. 3, 1998, at 1. With respect to
management techniques, the evaluators noted that Arora proposed an
interdisciplinary quality team that would hold weekly teleconferences.
Full decision text continues on ProtestIntel...