B-311002; B-311002.2, LEADS Corporation, March 26, 2008
Case: B-311002
Agency:
Protester: B
Date: 2008-03-26
Denied
B-311002; B-311002.2, LEADS Corporation, March 26, 2008
TITLE: B-311002; B-311002.2, LEADS Corporation, March 26, 2008
BNUMBER: B-311002; B-311002.2
DATE: March 26, 2008
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B-311002; B-311002.2, LEADS Corporation, March 26, 2008
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: LEADS Corporation
File: B-311002; B-311002.2
Date: March 26, 2008
William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Keir X. Bancroft,
Esq., Patrick R. Quigley, Esq., and Peter A. Riesen, Esq., Venable LLP,
for the protester.
Alexander J. Brittin, Esq., Brittin Law Group, P.L.L.C., for Enterprise
Information Services, Inc., the intervenor.
William R. Covey, Esq., and Lisa J. Obayashi, Esq., Department of
Commerce, for the agency.
John L. Formica, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg,
Esq., Office of the General Counsel, GAO, participated in the preparation
of the decision.
DIGEST
Agency's selection of a lower-rated, lower-priced quotation for the
issuance of a task order is unobjectionable where the agency reasonably
determined that the protester's quotation's higher rating under the
solicitation's experience and transition plan evaluation factors did not
outweigh the awardee's quotation's lower price.
DECISION
LEADS Corporation protests the issuance of a task order to Enterprise
Information Services, Inc. (EIS) under a request for quotations (RFQ)
issued by the United States Patent & Trademark Office (USPTO), Department
of Commerce, for program management support services. LEADS, the incumbent
contractor, argues that the selection of EIS's lower-rated, lower-priced
quotation for award was unreasonable and inconsistent with the terms of
the solicitation.
We deny the protest.
The RFQ provided for the issuance of a fixed-price, level of effort task
order to a vendor holding a General Services Administration Federal Supply
Schedule contract on the Management, Organizational and Business
Improvement Services schedule. RFQ at 1. The solicitation provided for the
issuance of an order with a 1-year base period with 4 option years to the
vendor submitting the quotation found to represent the best value to the
government under the following evaluation factors listed in descending
order of importance: experience; past performance; transition plan; key
personnel; and price. Id. at 14, 17. The RFQ also informed vendors that
"[t]he non-price factors when combined are more important than price." Id.
at 17.
The agency received quotations from three vendors, including LEADS and
EIS. LEADS's quotation was evaluated as "excellent" under each of the
factors at an evaluated price of $16,998,200. Agency Report (AR), Tab 26,
Technical Evaluation Report, at 1-5; Tab 29, Source Selection Decision, at
3. EIS's quotation was evaluated as "good" under the experience and
transition plan factors and "excellent" under the past performance and key
personnel factors at an evaluated price of $15,243,018. AR, Tab 29, Source
Selection Decision, at 2-3. In making this source selection, the agency
noted that, although "LEADS Corp. was higher rated than EIS in the
categories of Experience and Transition Plan," the "higher rating is due
to the fact that, as the incumbent, LEADS Corp. has performed the
identical requirement in the past and transition to a new contract would
be completely seamless." Id. at 4. The agency concluded that "the higher
technical rating of the LEADS' [quotation] does not outweigh the
significant price advantage of the EIS [quotation]," and thus determined
that EIS's quotation represented the best value to the government.
Id. at 5.
LEADS challenges the agency's determination that EIS's quotation
represents the best value to the government, arguing that in selecting
EIS's lower-rated, lower-priced proposal for award, the agency placed
undue emphasis on price and essentially converted the basis for award from
a determination of "best value" to one of "lowest-cost, technically
acceptable." Protest at 9, 12. The protester also asserts that the
agency's source selection decision is not adequately documented, and that
it misrepresents the relative merits of LEADS's and EIS's quotations.
Source selection officials have broad discretion in determining the manner
and extent to which they will make use of the technical and cost/price
evaluation results; tradeoffs may be made, and the extent that technical
superiority may be sacrificed for a cost/price advantage is governed by
the test of rationality and consistency with the established evaluation
factors. Joppa Maint. Co., Inc., B-281579; B-281579.2, Mar.
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