Computer Information Specialist, Inc., B-293049; B-293049.2, January 23, 2004
Case: B-293049
Agency:
Protester: Computer Information Specialist, Inc., B
Date: 2004-01-23
Sustained
Computer Information Specialist, Inc., B-293049; B-293049.2, January 23, 2004
TITLE: Computer Information Specialist, Inc., B-293049; B-293049.2, January 23, 2004
BNUMBER: B-293049; B-293049.2
DATE: January 23, 2004
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Computer Information Specialist, Inc., B-293049; B-293049.2, January 23, 2004
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: Computer Information Specialist, Inc.
File: B-293049; B-293049.2
Date: January 23, 2004
Kevin P. Mullen, Esq., and David E. Fletcher, Esq., Piper, Rudnick, for
the protester.
Mike Colvin, Department of Health and Human Services, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency misevaluated proposals is sustained where record shows
that agency*s evaluation conclusions with respect to protester*s proposal
were either unrelated to the evaluation criteria or without a factual
basis, and agency failed to note two deficiencies in awardee*s proposal.
DECISION
Computer Information Specialist, Inc. (CIS) protests the award of a
contract to Open Technology Group, Inc. (OTG) under request for proposals
(RFP) No. NLM-03-101/SAN, issued by National Library of Medicine, National
Institutes of Health (NIH) to acquire telecommunications support services
at the agency*s Bethesda, Maryland campus. CIS maintains that the agency
misevaluated proposals and made an unreasonable source selection decision.
We sustain the protest.
The solicitation contemplated the award of a requirements contract with
fixed hourly rates to perform telecommunications support services for a
base year, with four 1-year options. The RFP advised that the agency
intended to make award on a *best value* basis, with several non-price
factors, collectively, being significantly more important than price. RFP
at 66. The non-price criteria (and their point values, out of 100
possible points) were: qualifications and availability of personnel (30
points), past performance (30 points), technical competence (20 points),
and management approach (20 points). RFP at 66-67. For pricing purposes,
offerors were to submit fully-loaded, fixed hourly rates for various labor
categories, RFP at 62; evaluated prices were derived by multiplying the
proposed hourly rates by estimated quantities stated in the solicitation.
RFP at 51.
The agency received numerous proposals and, after an initial evaluation,
established a competitive range of four firms, including the protester and
the awardee. Agency Report (AR), exh. 6, at 1-3. The agency conducted
discussions with the competitive range offerors and solicited and obtained
revised proposals. The final evaluation results were as follows:
+------------------------------------------------------------------------+
|Offeror |Technical Score |Estimated Price |Acceptability |
|--------------+-------------------+-------------------+-----------------|
|OTG |[deleted] |[deleted] |[deleted] |
|--------------+-------------------+-------------------+-----------------|
|Offeror A |[deleted] |[deleted] |[deleted] |
|--------------+-------------------+-------------------+-----------------|
|Offeror B |[deleted] |[deleted] |[deleted] |
|--------------+-------------------+-------------------+-----------------|
|CIS |[deleted] |[deleted] |[deleted] |
+------------------------------------------------------------------------+
AR, exh. 18 at 2. On the basis of these evaluation results, the agency
made award to OTG, the firm submitting what the agency deemed the
highest-ranked, lowest-priced proposal. Following a debriefing, CIS filed
this protest in our Office, asserting that the agency misevaluated both
its and the awardee*s proposals.
In reviewing protests against an agency*s evaluation of proposals, we do
not reevaluate the proposals. Rather, we consider only whether the
evaluation was reasonable and consistent with the terms of the
solicitation and applicable statutes and regulations. CWIS, LLC,
B-287521, July 2, 2001, 2001 CPD P: 119 at 2. On the basis of the record
here, we find the agency*s evaluation conclusions with respect to both
proposals unreasonable.
CIS
The evaluation record is limited, consisting solely of narrative materials
prepared by the evaluators. Of five evaluators, four prepared only
cursory narrative comments to support their scoring of the initial or
revised CIS proposals.
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