Opti-Lite Optical, B-281693.2, July 15, 1999

B-281693.2 Jul 15, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Subsequent protest alleging that the reevaluation was improper because the agency used the original evaluators is denied. There is no requirement that the evaluators be replaced. This award decision did not involve a matter of responsibility which would have been subject to the Small Business Administration certificate of competency procedures. Opti-Lite protests that VA's reevaluation was improper because the original evaluators were used and because the VA failed to refer the matter to the Small Business Administration (SBA) for review under its certificate of competency (COC). The solicitation further provided that technical and past performance combined were approximately equal in weight to price. View Decision Matter of: Opti-Lite Optical File: B-281693.2 Date: July 15, 1999 DIGEST Attorneys DECISION Opti-Lite Optical protests the award decision of the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. 663-56-98, following VA's reevaluation of proposals under that solicitation. Opti-Lite had earlier protested VA's award of a contract to Classic Optical Laboratories, Inc. under this RFQ, and our Office sustained that protest. Opti-Lite Optical, B-281693, Mar. 22, 1999, 99-1 CPD Para. 61. In response to our decision, the VA reevaluated the proposals using the original technical evaluation committee and determined that Classic's proposal represented the best value to the government. Opti-Lite protests that VA's reevaluation was improper because the original evaluators were used and because the VA failed to refer the matter to the Small Business Administration (SBA) for review under its certificate of competency (COC). We deny the protest. The solicitation contemplated the award of an indefinite-delivery, indefinite-quantity requirements contract to supply prescription eyeglasses on an as-needed basis to listed participating VA facilities. /1/ The stated technical evaluation criteria consisted of methodology of approach, personnel qualifications and past performance. RFQ Part IV at 103. The solicitation further provided that technical and past performance combined were approximately equal in weight to price. Id. at 105. In our earlier decision, we sustained the protest on the basis that VA's source selection decision was purely mechanical and not adequately documented, and recommended that VA perform and document a proper tradeoff analysis. We also determined that the agency's contemporaneous concern about Opti-Lite's price reasonableness was in reality a concern about its responsibility and recommended that if the agency found Opti-Lite nonresponsible, the matter was for referral to the SBA for review under its COC procedures because Opti-Lite was a small business. In response to our recommendation, VA reconvened the original evaluation panel and conducted a de novo technical evaluation of all proposals. The agency used the same price evaluation that was performed initially. The reevaluation resulted in the following new ratings for the two proposals (of the total of six) at issue here: Offeror Technical Price Total Classic 91 90 181 Opti-Lite 53 100 153 Award Memorandum (Apr. 8, 1999). The agency found Classic's technical approach to be significantly superior to that of all other offerors. The agency concluded that Classic provided an excellent plan to furnish a high quality product and fitting service and demonstrated extensive experience in filling high volume contracts outside of its geographical area. Classic provided detailed information on which staff and resources would be utilized to meet the VA's needs. It provided a detailed organization chart that exhibited both depth and experience of key individuals. It provided detailed information demonstrating that critical equipment and suppliers were in place and exhibiting long-term working relationships with key suppliers. It provided detailed subcontractors' information for fitting service, which demonstrated that the subcontractors were licensed dispensing opticians with extensive experience in this type of work. Id. at 2. On the other hand, the agency determined that Opti-Lite's proposal failed to provide a plan to demonstrate how it planned to perform the work. The evaluators found that Opti-Lite's proposal demonstrated a lack of depth and qualifications of key staff. For example, Opti-Lite provided information for an individual who has an education as an optician, but it was unclear if this individual was a licensed dispensing optician. Opti-Lite provided no organizational chart, although it did provide information for five key individuals. However, Opti-Lite failed to demonstrate whether these key individuals had relevant on-the-job training.