Ready Transportation, Inc., B-285283.3; B-285283.4, May 8, 2001
Case: B-285283.3
Agency:
Protester: Ready Transportation, Inc., B
Date: 2001-05-08
Denied
Ready Transportation, Inc., B-285283.3; B-285283.4, May 8, 2001
TITLE: Ready Transportation, Inc., B-285283.3; B-285283.4, May 8, 2001
BNUMBER: B-285283.3; B-285283.4
DATE: May 8, 2001
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Ready Transportation, Inc., B-285283.3; B-285283.4, May 8, 2001
Decision
Matter of: Ready Transportation, Inc.
File: B-285283.3; B-285283.4
Date: May 8, 2001
Timothy C. Riley, Esq., Riley & Riley, for the protester.
Raighne C. Delaney, Esq., and Leo S. Fisher, Esq., Bean Kinney & Korman, for
Green Valley Transportation, Inc., an intervenor.
Capt. Ryan M. Zipf and Col. Michael R. Neds, Department of the Army, for the
agency.
Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that contracting agency improperly evaluated proposals with
respect to past performance is denied where the record shows the
evaluation was reasonable and consistent with the solicitation's
evaluation criteria; mere disagreement with the agency's evaluation is
insufficient to show it was unreasonable.
2. Protest that contracting agency implemented solicitation's evaluation
scheme in a mechanical manner that resulted in an irrational source
selection decision is denied where the record shows the allegation is
without basis.
DECISION
Ready Transportation, Inc. protests an award made under request for
proposals (RFP) No. JD-5252-SH, issued by the Department of the Army,
Military Traffic Management Command (MTMC), for guaranteed traffic (GT)
freight transportation. Ready argues that the agency improperly evaluated
proposals with respect to past performance and implemented the evaluation
scheme in a mechanical manner that resulted in an irrational source
selection decision.
We deny the protests.
The GT program is a transportation management tool under which MTMC issues a
request for rate tenders for all the traffic for particular routes for a
specific period of time and awards what are, in effect, requirements
contracts to the successful carriers. [1] Allstates Air Cargo, Inc.,
B-261266, B-261266.2, Feb. 29, 1996, 96-1 CPD
para. 138 at 2 n.3. This solicitation concerns the movement of freight traffic
from the Defense Distribution Depot in San Joaquin, California (DDJC) to
various destinations within the United States. The procurement of these
services has been the subject of prior protests.
MTMC initially solicited for these requirements in 1999. After awards were
made to numerous shippers, Ready protested various aspects of the
procurement. MTMC took corrective action by terminating all of the awards
and resoliciting for the requirements; Ready's protest was dismissed as
academic. The resolicitation, issued January 25, 2000, anticipated the award
of 56 contracts, one for each lane of traffic. Traffic was to be awarded to
one primary carrier for each lane, with the possibility that alternate
carrier selections might be made for each lane. Each offeror could be
selected as a primary carrier or as an alternate for multiple lanes. Awards
were to be made to the firms whose proposals were most advantageous to the
government, considering equally important price and technical factors. The
RFP set forth two technical factors, past performance and service; past
performance was more important than service. MTMC reserved the right to
award on the basis of initial proposals, without conducting discussions. [2]
RFP encl. 5, at 30.
Offerors were to complete a rate tender for each lane in which they were
interested. The price evaluation team entered the rates into MTMC's
automated system and arrived at total prices for each offeror for each lane.
For each lane, the low-price offeror received the maximum number of price
points available, and all other offerors received prorated points. Since
prices varied from lane to lane, the points awarded for price varied for
each offeror from lane to lane.
The past performance factor was comprised of two equally important
subfactors, past percent on-time delivery and past performance "actions."
Past performance "actions" were essentially problems that had arisen during
performance of prior contracts. The technical evaluation team (TET) was to
consider an offeror's past performance activity in MTMC and other Department
of Defense (DOD) movements over the last 24 months. All performance actions
were to be considered for the term of the current GT contracts, to include
extensions. If the current GT contracts were shorter than 12 months,
performance actions on the prior contracts were to be considered. [3] The
past performance subfactors were to be adjectivally rated as outstanding,
excellent, good, fair, poor, or unsatisfactory. The service factor was
comprised of four subfactors, including the equally important cargo
liability amount, proposed on-time delivery percentage, and percentage
refund subfactors.
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