Link: GAO Decision
Protestor: Eagle Support Services Corporation
Agency: Department of the Army
Disposition: Protest Denied.
Protest of an agency’s technical evaluation and selection decision is denied where the evaluation and source selection were reasonable and consistent with the solicitation’s evaluation criteria.
General Counsel PC Highlight:
Eagle Support Services Corporation protested the award of multiple task orders for base support services at various Army installations. The RFP contemplated award of multiple ID/IQ contracts on a best value basis, considering mission capability, past performance, and cost/price. The agency would evaluate proposals for the performance of services at Fort Bliss under the response to scenario subfactor; offerors were also required to provide detailed supporting information for the proposed costs and pricing to perform the Fort Bliss task order. Eagle adjusted its proposal based on several written items for negotiation (IFN) received from the agency, but was determined not to be one of the seven offerors representing the best value to the government. After an initial protest by Eagle, the agency took corrective action and reevaluated Eagle’s past performance, but ultimately confirmed its decision not to award a contract to Eagle.
The GAO concluded that the record supported the reasonableness of the agency’s evaluation and selection decision. The GAO found that, contrary to the protestor’s arguments, the agency considered Eagle’s skill mix in its evaluation of Eagle’s technical proposal, but had concerns based on the protestor’s failure to provide sufficient detail demonstrating the feasibility of its approach. The GAO also found no unequal treatment where other offerors received strengths for areas which Eagle asserts it offered a similar solution.
Proposing a unique approach and staffing mix to perform a requirement can make your company an appealing candidate to the agency and may allow you to provide significant cost savings. However, where your approach differs significantly from any independent government estimate of the labor categories necessary to perform, failure to adequately explain how your approach will fulfill the government’s needs could result in the assessment of a lower evaluation rating. If the agency expresses any concerns during the discussions period about your ability to perform, you must ensure that you either revise your proposal to more closely match the IGE, or add significant detail explaining how your approach will achieve any stated efficiencies.