G&N, L.L.C., B-285118; B-285118.2; B-285118.3, July 19, 2000
Case: B-285118
Agency:
Protester: G&N, L.L.C., B
Date: 2000-07-19
Denied
G&N, L.L.C., B-285118; B-285118.2; B-285118.3, July 19, 2000
TITLE: G&N, L.L.C., B-285118; B-285118.2; B-285118.3, July 19, 2000
BNUMBER: B-285118; B-285118.2; B-285118.3
DATE: July 19, 2000
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Decision
Matter of: G&N, L.L.C.
File: B-285118; B-285118.2; B-285118.3
Date: July 19, 2000
Albert B. Krachman, Esq., and Charles S. McNeish, Esq., Bracewell &
Patterson, for the protester.
William A. Roberts, III, Esq., and William Lieth, Esq., Wiley, Rein &
Fielding, for BMAR & Associates, Inc., an intervenor.
Larry E. Beall, Esq., U.S. Army Corps of Engineers, for the agency.
Christina Sklarew, Esq., and Paul I. Lieberman, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Where solicitation provides that technical proposals will receive highest
possible score for fully satisfying the characteristics required in the
solicitation and does not provide that additional credit will be given for
exceeding the requirements, agency was not required to give additional
evaluation credit to a proposal that may have exceeded the solicitation
requirements.
2. Protest that evaluation of technical proposals was unreasonable because
it was inadequately documented is denied where the evaluation record, as
clarified by narrative explanations provided by the agency, presents
sufficient detail to assess the reasonableness of the conclusion that
awardee's and protester's proposals were technically equivalent.
DECISION
G&N, L.L.C. protests the award of a contract to BMAR & Associates, Inc.
under request for proposals (RFP) No. DACA01-99-R-0049 issued by the Army
Corps of Engineers for preventive maintenance and equipment inventory at
healthcare facilities for the U.S. Medical Command (MEDCOM). G&N challenges
the award on numerous grounds, primarily alleging that the Corps improperly
evaluated proposals in a manner that was inconsistent with the RFP
evaluation criteria and inadequately documented, and that the Corps accorded
preferential treatment to the incumbent during the evaluation process by
conducting prejudicially unequal discussions.
We deny the protest.
The RFP, issued on June 1, 1999 as a total small business set-aside,
contemplated the award of an indefinite-delivery, indefinite-quantity
contract against which task orders for preventive maintenance and inventory
(PMI) and operation and maintenance (O&M) of various MEDCOM facilities will
be placed. The contract was to be awarded for a base period of 1 year, with
four 1-year renewal options to the responsible offeror whose proposal was
determined to be most advantageous to the government. RFP sect. M-13.
Section M of the RFP established the following evaluation factors and
subfactors:
I. Technical
Experience and capabilities
Technical approach
Technical management
Quality control
II. Management
Corporate Experience
Personnel Qualifications
Organization
Response Time Strategy
III. Price
Reasonableness
Realism
Completeness
RFP sect. M-10.
Section M-10 of the RFP further provided that technical and management areas
would be evaluated and scored for quality, and that the technical area would
be significantly more important than management and price. Notwithstanding
the emphasis on technical merit, the RFP advised that as "scores and
relative advantages or disadvantages become less distinct, differences in
price between proposals are of increased importance in determining the most
advantageous proposal." RFP sect. M-14.a.
A source selection evaluation board (SSEB) performed an evaluation and
scored the quality of each proposal based upon the established evaluation
factors. The solicitation provided that SSEB members would support their
evaluation scores with a narrative, setting forth strengths and advantages,
weaknesses or disadvantages, deficiencies and required clarifications. RFP sect.
M-12.2.b. The RFP also provided explicit scoring guidelines as follows:
outstanding (91-100%), excellent (81-90%), satisfactory (71-80%),
susceptible to being made acceptable (65-70%), and unacceptable (64% or
less), along with a narrative description of the standard that must be met
for each score. As relevant to the issues presented here, the guidelines
provide that, under each evaluation factor, in order to warrant a rating of
"outstanding," the proposal must:
satisfy to the fullest extent those characteristics required in the RFP. It
presents new or proven methods and is presented in extensive detail to
assure the evaluator has a thorough understanding of the proposed approach.
The approach has an outstanding probability of meeting requirements with
limited technical risk.
In order to be rated "excellent," a proposal must:
satisfy all the characteristics required in the RFP. It presents a
methodology in sufficient detail to assure the evaluator a good
understanding of the proposed approach.
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