Alaskan Publications, B-283272, October 27, 1999

B-283272 Oct 27, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest of agency's evaluation of proposals and award to offeror that submitted the proposal rated higher technically in a no-cost procurement is denied where the evaluation was reasonable and consistent with the stated evaluation factors for award. The contractor is awarded the right to produce and distribute the newspaper. The provision of a quality control plan to ensure all contract requirements are met. Offerors were advised that "award will be based on an [offeror's] ability to meet and/or exceed the government's minimum requirements.". Award was to be made to the responsible offeror whose proposal. Was determined to be most advantageous to the government. Cost was not a factor for award. View Decision Matter of: Alaskan Publications File: B-283272 Date: October 27, 1999 DIGEST Attorneys DECISION Alaskan Publications protests the award of a contract to Anchorage Publishing under request for proposals (RFP) No. F65501-98-R-0068, issued by the Department of the Air Force for the publication of a weekly base newspaper at Elmendorf Air Force Base, Anchorage, Alaska. The protester challenges the agency's evaluation of the proposals. We deny the protest. The RFP, issued on May 11, 1999, sought proposals for the award of a contract to publish the base newspaper, Sourdough Sentinel, in accordance with stated agency procedures for obtaining commercial enterprise (CE) newspapers. See Air Force Instruction (AFI) 35-301 (Apr. 15, 1994); Department of Defense Instruction (DODI) 5120.4 (June 16, 1997). Under these procedures, the contractor is awarded the right to produce and distribute the newspaper, but must cover its costs and derive any profits from advertising revenues, so that the government does not expend appropriated or nonappropriated funds. /1/ The government, in return, retains the right to determine the editorial content of the publication. This exchange of rights constitutes the contract consideration. Biloxi-D Iberville Press, B-243975.2, Sept. 27, 1991, 91-2 CPD Para. 301 at 2. The RFP contemplated the award of a contract for a base period with options to extend the contract for a total period not to exceed 6 years. RFP Sec. 7(b). The solicitation provided a list of publication content requirements to be met by the publisher (id. Sec. 1), and also set out general requirements regarding the role of the base's Public Affairs Office (PAO) in working with the publisher. Id. Sec. 2. Next, the RFP provided general requirements to be met by the publisher in performance of the contract, regarding, for example, the use of only editorial material and photographs provided by the PAO (id. Sec. 3(b)); the solicitation of all advertising (id. Sec. 3(e)); the provision of full process color pages (id. Sec. 3(g)) and color separation (id. Sec. 3(h)); the provision of two Power Macintosh G-3 computers with specified software (id. Sec. 3(k)); the production of photo reproduction of the highest quality found in local newspapers (id. Sec. 3(n)); the use of standard, recyclable newsprint (id. Sec. 3(q)); and the provision of a quality control plan to ensure all contract requirements are met. Id. Sec. 3(v). Offerors were advised that "award will be based on an [offeror's] ability to meet and/or exceed the government's minimum requirements." RFP app. 4, Para. 1(f). Award was to be made to the responsible offeror whose proposal, responsive to the solicitation, was determined to be most advantageous to the government. RFP app. 4, Para. 1(b). In accordance with DODI 5120.4 Para. E4.1.10.8, cost was not a factor for award. Appendix 4 of the RFP, at A-4-3 and A-4-4, listed the evaluation factors for award "in descending order of importance, with factors 1 and 2 of equal value and factors 3 and 4 of equal value." All subfactors were weighted equally. This evaluation provision also notified offerors that their proposals were to be "graded on their ability to meet and/or exceed the government's requirements. . . . [T]hose [proposals] that exceed the basic requirements will be scored accordingly." Id. Para. 4, at A-4-3. Evaluation factor 1, technical and production capability, included evaluation subfactors for the level and compatibility of automation, as well as printing capability, production equipment, physical plant capabilities, and distance to the plant. Id. Para. 5, at A-4-3. Evaluation factor 2, services and/or items offered, included subfactors for the quality and amount of equipment and services offered, the usefulness of the services and/or items to the PAO in enhancing the newspaper, and their impact on other parts of the newspaper. Id. at A-4-4. The RFP also provided the following notice regarding evaluation of proposals under factor 2: "[an] offer of equipment or services not specifically related to producing the publication will not result in the assignment of a higher score." Id.