Trawick Contractors, Inc., B-291237, November 20, 2002

B-291237 Nov 20, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest that agency improperly evaluated technical qualifications of key personnel is denied where protester failed to correct deficiencies. The agency's conclusions were reasonable and in accord with the solicitation's stated evaluation criteria. The RFP provided for the award of a fixed-price contract for the second phase of a renovation and construction project for 118 military housing units. /1/ Award was to be made on a "best value" basis. Price. /2/ Competition was restricted to selected offerors who submitted proposals for the first phase of construction. Offerors were required to submit the names and technical qualifications of all key design personnel and lead construction personnel. View Decision Trawick Contractors, Inc., B-291237, November 20, 2002 * REDACTED DECISION DIGEST Attorneys DECISION Traw ick Contractors, Inc. protests the award of a contract to TJC Engineering, Inc. under request for proposals (RFP) N62467-01-R-0372, issued by the Naval Facilities Engineering Command, Southern Division, for the renovation of military family housing at the Naval Air Station in Meridian, Mississippi. Trawick challenges the reasonableness of the Navy's evaluation of the qualifications of two proposed key construction personnel. We deny the protest. The RFP provided for the award of a fixed-price contract for the second phase of a renovation and construction project for 118 military housing units. /1/ Award was to be made on a "best value" basis, considering four technical factors--past performance, small business subcontracting plan, technical qualifications, and technical solutions--and price. /2/ Competition was restricted to selected offerors who submitted proposals for the first phase of construction. With respect to the technical qualifications factor (the only factor at issue here), the RFP stated that the ratings would be the same as from the first phase evaluation "unless conditions change." Offerors were required to submit the names and technical qualifications of all key design personnel and lead construction personnel, as well as provide any changes to their first phase submissions. RFP Sec. 00200 Para. 2.3 (Factor C--Technical Qualifications). After proposals were submitted, the Navy held two rounds of discussions and twice sought proposal revisions. In both instances, the Navy informed Trawick of its concerns over Trawick's proposed superintendent and quality control manager. Trawick twice revised its proposal. The Navy evaluated the proposal submissions and gave Trawick a marginal rating for the technical qualifications factor and an overall marginal rating for Trawick's proposal. Trawick contends that the Navy unreasonably evaluated the qualifications of its proposed superintendent and quality control manager. /3/ In reviewing protests of allegedly improper evaluations, we will not substitute our judgment for that of the contracting agency. DAVSAM Int'l, Inc., B-228429.5, Mar. 11, 1988, 88-1 CPD Para. 252 at 3. We will, however, review a technical evaluation to ensure that it is reasonable and consistent with the evaluation criteria and with procurement statutes and regulations. Telos Field Eng'g, B-251384, Mar. 26, 1993, 93-1 CPD Para. 271 at 4. A protester's disagreement with the agency's judgment is not sufficient to establish that an agency acted unreasonably. Id. In this instance, we find that the Navy's evaluation was reasonable. As is clear from the record, Trawick was given a number of opportunities to address the Navy's concerns. During the first round of discussions, the Navy asked Trawick how it intended to approach staffing, since its proposed superintendent and quality control manager were already designated to work the first phase of construction, which would not be completed before the second phase began, and these "persons cannot work on both projects at the same time." The Navy also informed Trawick that it was a "requirement" for the individuals filling these positions to be "dedicated to only" this second phase. Agency Report (AR), Tabs 10 and 11, First Round Discussions with Trawick. In response, Trawick revised its proposal, providing resumes for a new superintendent and quality control manager. The Navy's technical evaluation board (TEB) reviewed these new resumes and expressed concerns over these individuals' qualifications. AR, Tab 15, TEB Report (June 20, 2002), at 11. The Navy held a second round of discussions, explained its concerns about the qualifications of Trawick's newly proposed superintendent and quality control manager, and provided Trawick with another opportunity to revise its proposal.