Warden Associates, Inc., B-291238, December 9, 2002

B-291238 Dec 09, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency was not required to conduct discussions with protester regarding evaluated weaknesses in its quotation where the quotation was effectively eliminated from consideration as unacceptable and. The successful vendor was to provide all necessary personnel. Vendors were to submit separate quotations for the BPA and the first task order. Which were to be evaluated on the basis of four factors. Technical factors were considered of paramount consideration and award was to be based on the "best value" to the government. Our role is limited to ensuring that the evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations. We have reviewed all of Warden's arguments and find that none has merit. View Decision Warden Associates, Inc., B-291238, December 9, 2002 DIGEST Attorneys DECISION Warden Associates, Inc. protests the award of a blanket purchase agreement (BPA) and task order to Management Analysis, Inc. (MAI) under request for quotations (RFQ) No. SSA-RFQ-02-0202, issued by the Social Security Administration (SSA) for competitive sourcing support services. Warden primarily challenges the agency's failure to conduct discussions with Warden. We deny the protest. The RFQ sought quotes from vendors on the General Services Administration Federal Supply Schedule (FSS) for consulting services to provide Office of Management and Budget (OMB) Circular A-76 advisory and support services to the agency's competitive sourcing team and to SSA's individual offices. The successful vendor was to provide all necessary personnel, facilities, equipment, materials, supplies and services to accomplish the functions, tasks, and activities required under the BPA. Vendors were to submit separate quotations for the BPA and the first task order, which were to be evaluated on the basis of four factors, listed in descending order of importance: technical and management approach to BPA and first task order; past performance; staff qualifications; and price. Technical factors were considered of paramount consideration and award was to be based on the "best value" to the government. Three vendors, including Warden and MAI, submitted quotes by the initial closing time. While the agency evaluated MAI's and the third vendor's quotes as technically acceptable, they found Warden's quote unacceptable due to major weaknesses. The agency subsequently twice amended the RFQ to add more tasks, increase the performance period of the BPA and the level of effort under the task orders, and modify the evaluation factors. The amended RFQ contemplated the award of a BPA for a period of 36 months, with a cumulative effort on task orders of approximately 60,200 hours. Because of the significant changes to the RFQ, the agency determined to solicit Warden to submit a revised quote, even though its quote had been found unacceptable. All three vendors submitted revised quotes and the agency conducted a new evaluation. Again, the evaluators found MAI's and the third vendor's quotes technically acceptable, but found Warden's to contain so many weaknesses that it could not be accepted for award. Based on MAI's lower overall prices, the agency determined that its quote represented the best value; it thus awarded MAI the BPA and first task order. After receiving notice of the agency's action, Warden filed this protest. Warden raises a number of issues regarding the evaluation and the agency's failure to engage in meaningful discussions with it. In reviewing a protest against a procuring agency's evaluation, our role is limited to ensuring that the evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations. National Toxicology Labs., Inc., B-281074.2, Jan. 11, 1999, 99-1 CPD Para. 5 at 3. We have reviewed all of Warden's arguments and find that none has merit. We address Warden's most central arguments below. Warden asserts that its quote was included in the competitive range--as evidenced by its receipt of the two RFQ amendments--and that it therefore was entitled to meaningful discussions before submitting its revised quote. Federal Acquisition Regulation (FAR) Sec. 15.306(c). /1/ Warden's assertions are without merit and are based on a misunderstanding of the circumstances of this procurement. Contrary to Warden's expressed understanding, its quote was not included in a "competitive range" either before or after the amendments were issued. Rather, as discussed above, both its initial and revised quotes were evaluated as unacceptable. Agency Report (AR), exh. 12, at 3, 5. Where a quote is eliminated from the competition as unacceptable, the vendor is not entitled to discussions. See Drytech, Inc., B-246276.2, Apr. 28, 1992, 92-1 CPD Para. 398 at 7-8.