B-299806, AHNTECH, Inc., August 15, 2007

B-299806 Aug 15, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AHNTECH, Inc. protests the agency's evaluation of its proposal under request for proposals (RFP) No. F38604-07-R-C022-01, issued by the Department of the Air Force for base operations support (BOS) services to Manas Air Base (AB), Kyrgyzstan. AHNTECH alleges that the Air Force improperly evaluated AHNTECH's proposal as not technically acceptable under one of the evaluation subfactors; treated offerors unequally by attributing deficiencies to AHNTECH's proposal for concerns that were identified as weaknesses in more highly rated proposals; and relied on unstated evaluation criteria by excluding AHNTECH's proposal from further consideration because it was assessed a deficiency under one technical subfactor. We deny the protest. View Decision B-299806, AHNTECH, Inc., August 15, 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: AHNTECH, Inc. File: B-299806 Date: August 15, 2007 Leigh T. Hansson, Esq., and Gregory S. Jacobs, Esq., Reed Smith, LLP, for the protester. Brent Curtis, Esq., Department of the Air Force, for the agency. Kenneth Kilgour, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's evaluation of technical proposals is denied where the record establishes that the evaluation was reasonable and consistent with the evaluation criteria. 2. Agency did not rely on unstated evaluation criteria when it excluded protester's proposal from further consideration for award based on deficiencies found under one technical subfactor and where the solicitation expressly provided that proposals would be rejected in this circumstance. DECISION AHNTECH, Inc. protests the agency's evaluation of its proposal under request for proposals (RFP) No. F38604-07-R-C022-01, issued by the Department of the Air Force for base operations support (BOS) services to Manas Air Base (AB), Kyrgyzstan. AHNTECH alleges that the Air Force improperly evaluated AHNTECH's proposal as not technically acceptable under one of the evaluation subfactors; treated offerors unequally by attributing deficiencies to AHNTECH's proposal for concerns that were identified as weaknesses in more highly rated proposals; and relied on unstated evaluation criteria by excluding AHNTECH's proposal from further consideration because it was assessed a deficiency under one technical subfactor. We deny the protest. BACKGROUND On March 24, 2007, the agency issued the RFP for the provision of BOS services, including dining services, at Manas AB, Kyrgyzstan.[1] The RFP is for performance-based, fixed-price services with indefinite-delivery/indefinite-quantity line items for a transition period, a 1-year base period, and four 1-year options. The RFP calls for award to be made –to the responsible offeror whose offer conforms to solicitation requirements, is considered technically acceptable, and will provide the best value to the Government considering past performance and price.— RFP at 93. The performance work statement (PWS) describes the conditions under which the contract will be performed. Contractors are required to live and work –in the harsh environment of Kyrgyzstan, to include living off base and working in [tents].— RFP, PWS para. 1.4.3. Contractors will be –operating at a military location with a heightened level of threat,— and the –government assumes no security liabilities for Contractor personnel traveling off base.— Id. para. 1.4.4. The PWS further advises that –[p]ersonnel should anticipate working as effectively and efficiently as possible, but there may be extended periods of high pressure and stress which could negatively impact effectiveness and efficiency.— Id. para. 1.4.5. The PWS notes that the –Manas AB Appropriated Fund food service operation . . . [is] dedicated to providing full meal service.— RFP, PWS para. 2.1.1, Program Overview. The government will place the order for the food to be served with the prime vendor, with the labor to be supplied by the contractor. Meals are to be provided at the main –Ala Too— and the smaller –OpsTown— dining facilities. The RFP calls for –contingency services— to augment the –around-the-clock— dining services: –The contractor will provide service during military exercises, emergencies, natural disasters and other contingency operations . . . by extending serving hours as requested.— Id. para. 2.1.13, Contingency Services. The primary customers are –Essential Station Messing (ESM) recipients,— that is, –military and civilian personnel who are allotted rations in government dining facilities at the expense of the government.— Id. para. 2.1.2 Customer Eligibility.