B-299307.4; B-299308.4, Panacea Consulting, Inc., July 27, 2007
Case: B-299307.4
Agency:
Protester: B
Date: 2007-07-27
Sustained
B-299307.4; B-299308.4, Panacea Consulting, Inc., July 27, 2007
TITLE: B-299307.4; B-299308.4, Panacea Consulting, Inc., July 27, 2007
BNUMBER: B-299307.4; B-299308.4
DATE: July 27, 2007
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B-299307.4; B-299308.4, Panacea Consulting, Inc., July 27, 2007
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: Panacea Consulting, Inc.
File: B-299307.4; B-299308.4
Date: July 27, 2007
Lars E. Anderson, Esq., J. Scott Hommer, III, Esq., Peter A. Riesen, Esq.,
and Keir X. Bancroft, Esq., Venable LLP, for the protester.
Lawrence E. Carr, Esq., Dana G. Theriot, Esq., and Justin T.Banford, Esq.,
Carr, Morris & Graeff, PC, and Eric J. Marcotte, Esq., Winston & Strawn,
LLP, for Systems Integration & Development, Inc., an intervenor.
Herman J. Narcho, Esq., Department of Labor, 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's evaluation and source selection decisions are
unreasonable is sustained where record lacks any meaningful explanation
for evaluation scores and source selection decisions.
DECISION
Panacea Consulting, Inc. protests the issuance of two task orders to
Systems Integration and Development, Inc. (SID) under solicitation Nos.
FY07FA1-64079E446-0001 (solicitation 446) and FY07FA3-64079E448-001
(solicitation 448), issued by the Department of Labor (DOL) for,
respectively, project management support services and core research and
development support services. Panacea asserts that the agency made errors
in its evaluation of submissions and in its selection decisions.
We sustain the protest.
The solicitations contemplated the issuance of task orders under the
successful vendor's Federal Supply Schedule (FSS) contract for a base
year, with four 1-year options, to perform various professional services
on an as-needed basis.[1] For purposes of preparing their price
submissions, vendors were given a list of specific labor positions and a
fixed number of hours for each performance period. Vendors were to
calculate prices based on the number of hours specified in the
solicitations, multiplied by the hourly rates they proposed for each
position.
The evaluation was to be on a "best value" basis, considering price and
two non-price factors. Under solicitation 446, submissions were to be
evaluated based on the qualifications of the proposed staff evaluation
factor (70 percent of the non-price evaluation weight), and understanding
of the statement of work (SOW), relevant experience, capabilities, and
approach evaluation factor (30 percent of non-price weight). Overall, the
non-price and price factors were weighted at 55 and 45 percent of the
total evaluation, respectively. Under solicitation 448, 75 percent of the
non-price evaluation weight was allotted to the qualifications of proposed
personnel evaluation factor, with 25 percent allotted to the understanding
of the SOW, relevant experience, capabilities, and approach evaluation
factor. The non-price and price factors were weighted at 70 and 30 percent
of the total evaluation, respectively.
The agency received numerous responses to the solicitations and, after
evaluation thereof, issued the two task orders to SID, finding that SID's
submissions represented the best value. After learning of the selection
decisions, Panacea protested to our Office. We developed the record in
those protests, and thereafter conducted an "outcome prediction"
alternative dispute resolution (ADR) conference.[2] During the ADR, the
cognizant GAO attorney advised the parties that the protests appeared to
be meritorious, insofar as the record showed that the agency had
improperly weighted the price and technical considerations in assigning
the numeric evaluation scores on which the source selection decisions were
based, and that the record contained no narrative support for the scores.
Accordingly, the GAO attorney advised the agency that it could address
these concerns by reevaluating submissions in a manner consistent with the
terms of the solicitations, and preparing narrative materials to explain
the basis for the point scores assigned and the source selection decisions
made.
In response to the ADR, the agency advised our Office that it intended to
take corrective action by rescoring the submissions in a manner consistent
with the terms of the solicitations, and by documenting its scoring. We
dismissed Panacea's protests as academic (B-299307 et al., Mar.
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