Joint Management & Technology Services, B-294229; B-294229.2, September 22, 2004
Case: B-294229
Agency:
Protester: Joint Management & Technology Services, B
Date: 2004-09-22
Denied
Joint Management & Technology Services, B-294229; B-294229.2, September 22, 2004
TITLE: Joint Management & Technology Services, B-294229; B-294229.2, September 22, 2004
BNUMBER: B-294229; B-294229.2
DATE: September 22, 2004
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Decision
Matter of: Joint Management & Technology Services
File: B-294229; B-294229.2
Date: September 22, 2004
David P. Metzger, Esq., Michele M. Brown, Esq., and Anand V. Ramana, Esq.,
Holland & Knight, for the protester.
G. Lindsay Simmons, Esq., and James Eric Whytsell, Esq., Jackson Kelly,
for Prologic, Inc., an intervenor.
Thomas J. Russial, Esq., Nancy Toppetta, Esq., Patricia D. Graham, Esq.,
and Gena E. Cadieux, Esq., Department of Energy, 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
1. Protest alleging that, because agency destroyed individual evaluator
sheets, record does not include adequate documentation supporting the
agency's evaluation and source selection decision, is denied where
consensus evaluation materials and source selection decision contain a
detailed explanation of the agency's evaluation conclusions and source
selection decision.
2. Protest allegations challenging agency's evaluation of protester's
proposal are denied where either the allegations are without merit, or the
alleged evaluation errors did not result in competitive prejudice to
protester.
3. Protester is not an interested party to challenge evaluation of
awardee's proposal where record shows that another firm, not the
protester, would be in line for award if protester's challenge were
sustained, and protester does not challenge evaluation of the other firm's
proposal.
DECISION
Joint Management & Technology Services (JMTS), a Small Business
Administration-approved mentor-protege joint venture, protests the award
of a contract to Prologic,A Inc. under request for proposals (RFP) No.
DE-RP26-03NT41820, issued by the Department of Energy (DOE) to acquire
information technology and engineering support services for its National
Energy Technology Laboratory. JMTS asserts that the agency misevaluated
proposals and, as a result, made an unreasonable source selection
decision.
We deny the protest.
The RFP, issued as a competitive section 8(a) set-aside, contemplated the
award of a cost-plus-award-fee task order contract for a base period of 3
years, with two 1-year options. Firms were advised that the agency
intended to make award to the firm submitting the proposal deemed to offer
the "best value" to the government considering cost and the following five
non-cost criteria (weighted): technical approach (35 percent);
key/critical personnel (25 percent); management approach (20 percent);
experience (10 percent); and past performance (10 percent). RFP
atA 162.[2]
The agency received 11 proposals, including the protester's and the
awardee's. After evaluating the proposals and arriving at consensus
scores, the agency determined that, of the 11 proposals submitted, 6 were
weak, 4 (including the protester's) were satisfactory, and 1 (the
awardee's) was outstanding. The agency arrived at these conclusions using
a scoring system outlined in the agency's source selection plan; proposals
were scored under each of the evaluation criteria with numeric ratings of
either 0 (unacceptable), 2 (weak), 5 (satisfactory), 8 (very good) or 10
(outstanding). AR, exh. E-1, at 7. The numeric scores were assigned
based on the number and quality of strengths and weaknesses found (and
described by the evaluators in narrative form) for each proposal under
each criterion. These numeric ratings were then multiplied by the
relative weight for each evaluation criterion, resulting in a maximum
possible score of 1,000 points. The scores assigned to the satisfactory
and outstanding proposals were as follows:
+-------------------------------------------------------------------------------------------------------------+
| | | Key/ | | | | |
| | Tech. Approach | | Mgmt. Approach | Experience | Past Perf.
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