Evolving Resources, Inc., B-287178; B-287178.2; B-287178.3, April 27, 2001
Case: B-287178
Agency:
Protester: Evolving Resources, Inc., B
Date: 2001-04-27
Denied
Evolving Resources, Inc., B-287178; B-287178.2; B-287178.3, April 27, 2001
TITLE: Evolving Resources, Inc., B-287178; B-287178.2; B-287178.3, April 27, 2001
BNUMBER: B-287178; B-287178.2; B-287178.3
DATE: April 27, 2001
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Evolving Resources, Inc., B-287178; B-287178.2; B-287178.3, April 27, 2001
Decision
Matter of: Evolving Resources, Inc.
File: B-287178; B-287178.2; B-287178.3
Date: April 27, 2001
Gerald H. Werfel, Esq., Pompan, Murray & Werfel, for the protester.
Richard D. Lieberman, Esq., McCarthy, Sweeney & Harkaway, for Synectic
Solutions, an intervenor.
Glenn Heisler, Esq., and Russell Spindler, Esq., Department of the Navy, for
the agency.
Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of the evaluation of management proposals is denied where the
evaluation was reasonable and consistent with the terms of the solicitation.
DECISION
Evolving Resources, Inc. (ERI) protests the award of a contract to Synectic
Solutions under request for proposals (RFP) No. N00421-00-R-0328, issued by
the Department of the Navy, Naval Air Systems Command (NAVAIR), for
maintenance planning and design interface logistics support services. ERI
challenges the agency's evaluation of the offerors' management proposals.
We deny the protest.
The RFP, issued on February 2, 2000, contemplated the award of a
cost-plus-award-fee contract for a base period and nine 1-year option
periods for each of five lots, each lot serving different regional
locations. This protest involves the award of lot II, set aside for Section
8(a) business concerns, [1] covering the regional location at the Naval Air
Warfare Center Weapons Division at China Lake and Point Mugu, California.
The RFP stated that the award would be made to the offeror whose proposal
offered the greatest value to the government, cost and other evaluation
factors considered. The RFP listed the following non-cost evaluation factors
in descending order of importance: (1) technical and associated risk; (2)
management and associated risk; and (3) past performance risk. Under the
RFP, offerors' technical and management proposals would be evaluated using
the adjectival ratings of outstanding, highly satisfactory, satisfactory,
marginal, or unsatisfactory; offerors' technical and management risk would
be evaluated as either high, medium, or low; and offerors' past performance
risk would be evaluated as either very low, low, moderate, high, very high,
or unknown. The RFP provided that the non-cost evaluation factors, when
combined, would be considered significantly more important than cost.
As relevant here, the management evaluation factor had two
subfactors--(1) management approach (overall management approach; usage of
teaming, personnel, and subcontractors; recruitment/retention; quality
management; cost savings; and electronic capabilities) and (2) key
personnel. The RFP advised that a poorly defined management approach would
result in the assessment of increased proposal risk and/or a reduced
qualitative rating. The RFP also advised that the evaluation of key
personnel would be based on the extent to which personnel resumes submitted
by the offeror met or exceeded the education and experience required by the
labor category descriptions.
Of the three firms submitting initial proposals, only the proposals of ERI
and Synectic were included in the competitive range. Following written
discussions, ERI and Synectic submitted final proposal revisions, which were
evaluated as follows:
ERI Synectic
Rating/Risk Rating/Risk
Technical highly satisfactory/medium
satisfactory/low
Management unsatisfactory/high satisfactory/medium
Past Performance low low [2]
ERI's evaluated cost was approximately 17 percent higher (i.e., over $4
million) than Synectic's evaluated cost. The agency determined to award a
contract to Synectic, the firm submitting the technically superior, lower
evaluated cost proposal.
EVALUATION OF ERI'S MANAGEMENT APPROACH PROPOSAL
ERI principally argues that the agency "used a higher, more rigorous
standard" to evaluate its management proposal as opposed to Synectic's
management proposal. Protester's Second Supplemental Protest, Mar. 9, 2001,
at 2. ERI attempts to show this alleged disparity by making a side-by-side
comparison of various sections of the management approach proposals
submitted by it and Synectic.
In reviewing an agency's evaluation of proposals, our Office will question
the agency's evaluation only where it violates a procurement statute or
regulation, lacks a reasonable basis, or is inconsistent with the stated
evaluation criteria for award. B. Diaz Sanitation, Inc., B-283827, B-283828,
Dec.
Full decision text continues on ProtestIntel...