R&K Contractors, Inc., B-292287, July 23, 2003

B-292287 Jul 23, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest of selection of slightly higher-priced proposal with higher-rated past performance is denied where selection decision was consistent with solicitation and reflected a reasonable price/past performance tradeoff. 2. First raised in comments submitted more than 10 days after receipt of the agency report on which the issues were based. Are dismissed as untimely. 000) to the responsible offeror whose offer conforming to the solicitation was considered most advantageous to the government. Two evaluation factors for award were to be considered: past performance and price. Offerors were requested to provide three past performance references for projects similar in size and type to the current project. View Decision R&K Contractors, Inc., B-292287, July 23, 2003 * REDACTED DECISION DIGEST Attorneys DECISION R&K Contractors, Inc. protests the award of a contract to Quantum Contracting, Inc. under request for proposals (RFP) No. GS-08P-03-VJC-0017, issued by the General Services Administration (GSA) for building alteration services at the Judge Bruce M. Van Sickle Federal Building/Courthouse in Minot, North Dakota. R&K primarily challenges the reasonableness of the agency's unfavorable evaluation of the protester's past performance; the firm also challenges the agency's selection of Quantum's proposal for award based on that proposal's higher-rated past performance rating and slightly higher price. We deny the protest. The RFP, issued on March 7, 2003, as a small business set-aside, sought proposals for building alteration work requiring demolition and construction services (to include, for instance, wall, plumbing, electrical, ceiling, door, ventilation system, painting, and flooring work). The RFP contemplated the award of a fixed-price contract (estimated at between $25,000 and $100,000) to the responsible offeror whose offer conforming to the solicitation was considered most advantageous to the government. Two evaluation factors for award were to be considered: past performance and price. Offerors were requested to provide three past performance references for projects similar in size and type to the current project. Amendment No. 2 to the RFP extended the closing date for the receipt of proposals until April 11; that amendment provided a blank line upon which offerors were to insert the amount of the "total lump sum offer." Nine offers were received and reviewed; six were included in a preliminary competitive range. The competition, however, was ultimately limited to the two lowest-priced proposals, R&K's (which proposed a total price of $41,776) and Quantum's (with a proposed price of $42,655). The contracting officer limited her past performance review to information known to her and other GSA contracting personnel about both R&K's and Quantum's recent performance on similar GSA projects. This protest focuses on the contracting officer's finding that R&K's recent performance of similar work for the agency was plagued with performance problems, including delays, [deleted]. The contracting officer ultimately determined that, in light of these known performance problems involving R&K's performance [deleted], compared to Quantum's excellent past performance of similar work for the agency, Quantum's higher past performance rating and lower performance risk warranted payment of the very slight ($879) cost premium associated with an award to the firm. This protest followed. As stated above, R&K primarily challenges the agency's evaluation of its past performance and the agency's decision to award a contract for the work to Quantum at a slightly higher price than R&K had proposed. In reviewing an agency's proposal evaluation, we examine the record to ensure that it was reasonable and consistent with the solicitation's evaluation terms and applicable statutes and regulations. Digital Sys. Group, Inc., B-286931, Mar. 7, 2001, 2001 CPD Para. 50 at 7. In deciding between competing proposals, tradeoffs, such as between past performance and price, may be made. The propriety of the tradeoff does not depend on the difference in technical scores or ratings, but on the reasonableness of the source selection official's judgment concerning the significance of the difference. Id. Our review here therefore focuses upon whether the evaluation record and source selection decision show that the agency reasonably assessed the relative merits of the proposals in accordance with the stated evaluation criteria. KBM Group, Inc., B-281919, B-281919.2, May 3, 1999, 99-1 CPD Para. 118 at 11. An offeror's mere disagreement with the agency's assessment of its past performance, or the merits of its proposal relative to others, does not render the source selection unreasonable. See Encorp-Samcrete Joint Venture, B-284171, B-284171.2, Mar. 2, 2000, 2000 CPD Para.