Link: GAO Opinion
Agency: Department of the Army
Disposition: Protest denied.
General Counsel P.C. Highlight:
GAO denied the protest of Assist Consultants Inc., regarding the evaluation of its proposal submitted in response to a request for proposals (RFP), issued by the Department of the Army for supply and delivery of petroleum fuel products to Afghan National Security Forces (ANSF) sites throughout Afghanistan.
The RFP was issued for the award of a multiple indefinite-delivery/indefinite-quantity (ID/IQ) contract, considering price, technical capability, and past performance. The technical capability factor had three subfactors: fuel fleet requirements; quality control plan; and vetting plan. Assist’s proposal was found technically unacceptable under the quality control plan and the vetting plan.
Assist first argues that the agency acted unreasonably in finding its proposal unacceptable for failing to include sample fuel testing documents. However, GAO concluded that the agency was reasonable. The RFP required offerors to provide documents from all refineries where their fuel was to be purchased and added that a plan that failed to provide the sample fuel documents would fail that subfactor. Assist argues that the subfactor only required offerors to identify “procedures” for providing such documentation during performance, and GAO found that this interpretation was contrary to the terms of the RFP.