Innovative Management, Inc., B-291375, November 20, 2002

B-291375 Nov 20, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protester was not prejudiced by agency's alleged loss of protester's original transparencies for its oral presentation. Which was restricted to firms certified under the Small Business Administration's section 8(a) program. Offerors were requested to submit with their initial proposals a maximum of "25 view graph style briefing charts" to support such a presentation. The offerors were also informed that after they had finished their oral presentations. The proposal of Innovative Management was evaluated as "acceptable" with "moderate risk" under the technical evaluation factor. Only the proposals of Innovative Management and MBC were included in the competitive range. Oral presentations were scheduled and conducted on August 14. View Decision Innovative Management, Inc., B-291375, November 20, 2002 * REDACTED DECISION DIGEST Attorneys DECISION Innovative Management, Inc. protests the award of a contract to Medical Business Consultants (MBC) under request for proposals (RFP) No. 232-03-0001, issued by the Department of Health and Human Services, for clinical operations services. We deny the protest in part and dismiss it in part. The RFP, which was restricted to firms certified under the Small Business Administration's section 8(a) program, provided for the award of a labor-hour, personal services contract for a base period of 1 year with four 1-year options. RFP at 90, 121. The RFP stated that award would be made to the offeror whose proposal represented the best value to the government based upon the following evaluation factors: technical merit, past performance, and price. The RFP provided that technical merit would "receive paramount consideration" in the agency's award determination. RFP at 134. The RFP provided that offerors whose proposals had been determined by the agency to be in the competitive range would be invited to make oral presentations addressing the offerors' "Understanding of the Problem and Technical Approach to accomplishing the goals and objectives of this solicitation." Offerors were requested to submit with their initial proposals a maximum of "25 view graph style briefing charts" to support such a presentation. RFP at 127. The offerors were also informed that after they had finished their oral presentations, the agency would administer a pop quiz" consisting of three problems. RFP at 129. The agency received four proposals, including Innovative Management's and MBC's, by the RFP's closing date of July 29, 2002. The proposal of Innovative Management was evaluated as "acceptable" with "moderate risk" under the technical evaluation factor, and "moderate risk" under the past performance factor, at an evaluated price of $26.1 million. /1/ MBC's proposal received a rating of "acceptable" with "low risk" under the technical factor, and "very low risk" under the past performance factor, at an evaluated price of $21.4 million. Only the proposals of Innovative Management and MBC were included in the competitive range. Agency Report (AR), Tab 17, Competitive Range Determination, at 2. Oral presentations were scheduled and conducted on August 14. At the time of Innovative Management's oral presentation, the agency was unable to locate the transparencies that Innovative Management had provided with its proposal. The agency, however, had photocopies of the original transparencies, and reproduced a set of transparencies from the photocopies, which Innovative Management used in its oral presentation. Contracting Officer's Statement at 12. The agency next forwarded written discussion questions to both Innovative Management and MBC, and requested that the offerors submit final revised proposals (FRP) by August 23, 2002. The agency evaluated the FRPs, considering the content of the offerors' proposals, as well as the offerors' oral presentations and responses to the agency's "pop quiz" questions. MBC received ratings of "good" with "low risk" under the technical factor, and again was rated "very low risk" under the past performance factor, with its evaluated price remaining at $21.4 million. Innovative Management received ratings of "good/satisfactory" with "moderate risk" under the technical evaluation factor, with its "moderate risk" rating under the past performance factor and evaluated price of $26.1 million remaining as before. The agency selected MBC's proposal for award, given its higher technical rating and lower price. AR, Tab 27, Revised Technical Evaluation Report and Contract Award Recommendation. Innovative Management argues that the agency erred in not having Innovative Management's original transparencies available for its use during its oral presentation.