DeLeon Technical Services, Inc., B-293783, June 4, 2004
Case: B-293783
Agency:
Protester: DeLeon Technical Services, Inc., B
Date: 2004-06-04
Denied
B-293783
Jun 04, 2004
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Highlights
DeLeon Technical Services, Inc. protests the award of a contract to T Square Logistics Services Corporation under request for proposals (RFP) No. F41636-02-R-0045, issued as a small business set-aside by the Department of the Air Force for vehicle operations and maintenance at Lackland Air Force Base (AFB), Texas. DeLeon challenges the agency's evaluation of the offerors' past performance and the decision to award the contract to a lower-priced offeror; the protester believes that it has more relevant past performance experience than the awardee, and that the agency should have considered that in making its source selection.
We deny the protest.
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B-293783, DeLeon Technical Services, Inc., June 4, 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.
Matter of: DeLeon Technical Services, Inc.
File: B-293783
Date: June 4, 2004
Johnathan M. Bailey, Esq., Bailey & Bailey, for the protester.
Richard B. Oliver, Esq., McKenna, Long & Aldridge, for T Square Logistics Services Corporation, an intervenor.
Lt. Col. David L. Bell and Michele T. Lacey, Esq., Department of the Air Force, for the agency.
Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of agency's evaluation of past performance and source selection decision is denied where record shows that the evaluation and award decision were reasonable, consistent with the terms of the solicitation, and in accordance with applicable procurement rules.
DECISION
DeLeon Technical Services, Inc. protests the award of a contract to T Square Logistics Services Corporation under request for proposals (RFP) No. F41636-02-R-0045, issued as a small business set-aside by the Department of the Air Force for vehicle operations and maintenance at Lackland Air Force Base (AFB), Texas. DeLeon challenges the agency's evaluation of the offerors' past performance and the decision to award the contract to a lower-priced offeror; the protester believes that it has more relevant past performance experience than the awardee, and that the agency should have considered that in making its source selection.
We deny the protest.
The RFP, issued on December 16, 2002, contemplated the award of a fixed-price requirements contract for a base period and 4 option years.Offerors were advised that the agency would make a best value award decision using a performance/price trade-off (PPT).Under the RFP's PPT procedures, technically acceptable proposals would be evaluated for the quality of the firms' past performance, in order to assess performance confidence.RFP at 55-56.Past performance was to be evaluated based on data submitted by the offerors, reference surveys, or other information obtained by the government regarding no more than five relevant contracts performed within the last 5 years.RFP at 54.The past performance evaluations were to include consideration of, among other things, the relevancy and recency of the work performed, the extent of performance, the size and complexity of the work relative to the current requirement, as well as performance quality, timeliness, results, and customer satisfaction.RFP at 56.To determine which proposal offered the best value for award, a trade-off between price and past performance was to be conducted, with past performance being significantly more important than price.RFP at 57.Where the lowest-priced proposal received an exceptional performance rating, however, the evaluation process was to end, that proposal was to be considered the best value to the government, and award was to be made to that offeror without further consideration of any other offers received. Id.
Of the six proposals received, three were included in the final competitive range, including DeLeon's and T Square's, which had both received exceptional past performance ratings.Award was made to T Square based upon its slightly lower evaluated price.This protest followed.DeLeon challenges the agency's past performance evaluation and source selection, arguing that it has more relevant past performance experience, and that the agency should have determined that an award to DeLeon was warranted as the best value despite its higher price.
In reviewing protests against allegedly improper evaluations, it is not our role to reevaluate proposals.Rather, our Office examines the record to determine whether the agency's judgment was reasonable, and in accord with the RFP criteria and applicable procurement statutes and regulations. Abt Assocs., Inc. , B-237060.2, Feb. 26, 1990, 90-1 CPD 223 at 4.The protester's mere disagreement with the agency's judgment does not establish that an evaluation was unreasonable. UNICCO Gov't Servs., Inc.
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