Link: GAO Decision
Protestor: All Phase Services, Inc.
Agency: Department of Defense
Disposition: Protest Denied.
Protester’s proposal was reasonably excluded from the competitive range where the agency found that the proposal was technically unacceptable and would require major revisions to be made acceptable.
General Counsel PC:
All Phase Services, Inc. protested its elimination from the competitive range under an RFP for demolition and site restoration of the Navy Annex buildings in Arlington, Virginia. Award was to be made to the lowest-priced, technically acceptable proposal considering the following evaluation factors: experience; concept plan; management team and philosophy; and quality assurance and control programs. The SSEB determined that All Phase’s proposal was technically unacceptable, with numerous weaknesses and deficiencies assigned to its concept plan.
The GAO found that the record supported the agency’s conclusion that All Phase’s technical proposal contained material deficiencies. It noted that All Phase failed to provide adequate information for six specific SOW requirements, including not submitting an operations and management plan. The GAO rejected All Phase’s arguments that various plans contemplated by the solicitation were to be presented and approved by the CO after award, pointing out that this interpretation would leave the agency with no basis to evaluate the company’s plan. All Phase also failed to meaningfully challenge the other evaluated deficiencies in its proposal. Finally, the GAO rejected the assertion that the deficiencies in All Phase’s proposal could have been rectified through limited discussions.
Offerors bear the burden of preparing well-written proposals that comply in all material aspects with the terms of the solicitation. Failure to submit all required plans will result in the assessment of weaknesses and deficiencies that the agency has no obligation to correct through discussions.