• LinkedIn
  • Google +
  • Twitter
  • Facebook

+1-703-556-0411

Bid Protest Weekly
  • Home
  • Bid Protest Ed Center
    • WHAT is a bid protest?
    • WHO can file a bid protest
    • DO I need an Attorney?
    • WHY Should you file a bid protest?
    • WHEN Must you file a bid protest?
    • WHERE can you file a bid protest?
    • READING the RFP
  • Blog
  • Topics
  • About Us
  • Contact Us

JVSCC, B-311303.2, May 13, 2009

  • By GCPC GovCon Legal Team
  • May 13, 2009
  • Proposal EvaluationTechnical Evaluation

Link: GAO Opinion

Agency: Department of the Navy

Disposition: Protest denied.

__________________________________________________________________________________________________________________

GAO Digest:

Protest challenging agency’s evaluation of protester’s technical proposal is denied, where the evaluation was consistent with the solicitation evaluation criteria.

General Counsel P.C. Highlight:

JVSCC challenges the Navy’s evaluation of its technical proposal under each of the RFP’s evaluation factors, complaining, among other things, that the evaluators applied unstated evaluation criteria and that the agency’s evaluation under the first factor, “organizational and team experience,” unfairly affected the rest of the agency’s technical evaluation. GAO states that it examines an agency’s evaluation of experience and past performance to ensure that it was reasonable and consistent with the stated evaluation criteria and applicable statutes and regulations; however, the necessary determinations regarding the relative merits of offerors’ proposals are primarily matters within the contracting agency’s discretion. In this regard, GAO will not question an agency’s determinations absent evidence that those determinations are unreasonable or contrary to the stated evaluation criteria. Moreover, a protester’s mere disagreement with the agency’s judgment does not establish that an evaluation was unreasonable.

GAO finds, from a review of the record, that there is no basis to object to the agency’s assignment of an overall marginal rating to JVSCC’s proposal under the organizational and team experience factor. The RFP required that each of the six projects identified by the offeror in its proposal must have been performed by the offeror as a “prime contractor,” and that, where, as here, the offeror was a joint venture, each joint venture partner must have performed at least one of the projects as a prime contractor or as part of a joint venture that was the prime contractor. One of the projects identified by JVSCC in its proposal–the only one identified as being performed by one of the JVSCC joint venture partners, CDM–was for the “construction of electrical services” for another firm, “Mirabella S.p.a.,” for the construction of a “bowling centre” at a Navy support site. The Navy concluded that this project could not be considered relevant because CDM performed this work as a subcontractor to Mirabella and not as a prime contractor. JVSCC argues, however, that because Mirabella is the property owner and the Navy only uses the facility, CDM actually performed the electrical work as a prime contractor. The Navy responds that because CDM did not bear overall responsibility for the job of building the bowling center, but instead performed only the electrical work, CDM cannot be considered the prime contractor for the project.

GAO states that, from a review of the record, there is no basis to disagree with the Navy’s judgment that CDM performed the work on this project as a subcontractor. The record shows that JVSCC’s proposal simply stated that CDM performed the electrical work for another firm, Mirabella, for a bowling center being built for the Navy, which reasonably indicated that CDM’s work on this project was performed as a subcontractor. It is an offeror’s responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates compliance with the solicitation and allows a meaningful review by the procuring agency. Moreover, JVSCC’s arguments, here, do not demonstrate that the Navy’s conclusions regarding CDM’s performance of this project were unreasonable. In sum, the Navy reasonably found that CDM’s work on this project (the only project provided for this joint venture partner) was not done as a prime contractor and therefore the Navy’s marginal rating of JVSCC’s proposal under this factor was consistent with the RFP.

JVSCC also objects to the Navy’s evaluation of its proposal under the second factor, “organizational past performance,” arguing that the agency’s “arbitrary evaluation methodology from Factor 1 had the highly prejudicial effect of precluding consideration of two thirds of JVSCC’s past performance surveys.” Specifically, JVSCC complains that the Navy should have considered the protester’s performance under a number of the projects that the Navy concluded were not relevant.

On this record, even if GAO did accept JVSCC’s arguments that the Navy should have considered the protester’s performance under a number of the projects that the Navy had found not relevant, GAO finds that JVSCC has not shown a reasonable possibility that it was prejudiced by the Navy’s assessment of the firm’s past performance as satisfactory. Although JVSCC identified two projects out of the six it had proposed (other than CDM’s subcontract project) that were considered to be not relevant by the Navy and for which JVSCC claims that it had excellent past performance, there is no showing that this could reasonably result in a higher past performance rating for JVSCC, given that the firm failed to provide past performance information for all its joint venture partners as contemplated by the RFP. In addition, JVSCC has not shown that a higher rating under the past performance factor would have improved JVSCC’s overall competitive position, given that, as noted above, the protester had significantly lower evaluation ratings than the awardee under all of the non-price evaluation factors.

JVSCC also challenges the Navy’s evaluation of its proposal under the “management approach” factor, for which JVSCC’s proposal was also rated as marginal. The Navy found under this factor that the protester’s proposal was “marginally written,” failed to explain its processes or plans, failed to include key personnel resumes that adequately demonstrated the experience and qualifications of its proposed personnel, failed to clearly show its organizational structure, and failed to provide sufficient detail to explain the firm’s quality control program.

Although JVSCC contends that its proposal adequately addressed each of this factor’s subfactors and should have received a higher rating, a review of the record provides no basis to disagree with the agency’s judgment that JVSCC’s proposal only generally responded to the management approach subfactors. For example, under the “Construction Process Management” subfactor, the evaluators found that JVSCC’s “process management approach proposal was marginally written and did not clearly explain its proposed process management for the Joint Venture’s plan in executing the proposed requirements under this . . . contract.” GAO agrees. As the evaluation report pointed out, the protester’s proposal reiterated the experience of the three separate companies in the implementation of ID/IQ or job-order-contract type construction projects by two of the joint venture partners, without making clear what role the third partner would have in the organization and process management for construction implementation. In addition, the evaluators found that JVSCC’s process management explanation was “very elementary and marginally adequate.” JVSCC has not shown that judgment to be unreasonable. While JVSCC disagrees with the Navy’s evaluation judgments, its disagreement is not sufficient to establish that the agency acted unreasonably.

JVSCC also disagrees with the Navy’s assignment of a satisfactory rating to the firm’s proposal under the “safety” factor. The Navy found that, although the firm’s proposal generally addressed the safety plan elements and other requirements, it did not provide “good detail” of the safety-related duties of all on-site personnel. JVSCC objects to the agency’s concern with JVSCC’s reported Lost Workday Incident Rate and Recordable Incident Rate but does not dispute the agency’s assessment that the firm had failed to provide a detailed safety plan and that it had merely summarized the Corps of Engineers manual. Under the circumstances, although the Navy provided little support for its documented concern that the joint venture partners had not reported any lost workdays or recordable incidents over a five-year period, GAO finds no basis to conclude that JVSCC’s proposal would merit a higher than satisfactory rating where the protester does not dispute the Navy’s other documented concerns with the firm’s discussion of its safety plan. The protest is denied.

Share

Related Posts

Please, Make My Bid Protesting Day by Not Documenting Your Award Decision.

November 17, 2022

Open Sesame! Ya Gotta Get the Agency Report and Records.

October 24, 2022

Matter of Science Applications International Corporation

February 28, 2022

Matter of WRG Fire Training Simulation Systems, Inc.

January 12, 2022

Comments are closed

Search Bid Protest Weekly

Need help with a bid protest?

Call us at: 703-556-0411 Or fill out this form:

Categories

  • 8(a) Sole Source Awards
  • Acknowledging Amendments
  • Adequately Written Proposal
  • Adverse Agency Action
  • Adverse Impact Analysis
  • Agency Tender
  • Alternate or Previously-Approved Product
  • Alternative Dispute Resolution
  • Ambiguity in Solicitation
  • Attorney's Fees
  • Bad Faith in Evaluation
  • Below-Cost Offer
  • Best Value
  • Beyond the Scope
  • Bias
  • Bid and Proposal Costs
  • Bid Bond
  • Bid Compliance
  • Bid Protest Decisions
  • Bid Protest Jurisdiction
  • Bid Protests
  • Bidding Best Practices
  • Blanket Purchase Agreement
  • Blanket Purchase Order
  • Blog Articles
  • Bona Fide Needs Rule
  • Brand Name or Equal
  • Broad Agency Announcement
  • Brooks Act
  • Bundling or Consolidation
  • Buy American Act
  • Cancellation of a Solicitation
  • Capability of Contractor
  • CCR Registration
  • Certificate of Competency (COC)
  • Certification Requirements
  • Changes Clause
  • Clarifications
  • Clear and Convincing Evidence
  • Clearly Meritorious Protest
  • Clerical Error
  • Commercial Item Acquisition
  • Competitive Range
  • Compliance
  • Conflict of Interest
  • Construction Design-Build
  • Construction Services
  • Contract Administration
  • Contract Modifications
  • Contracting Preference
  • Contractor Responsibility
  • Corporate Capability
  • Corrective Action
  • Cost Accounting System
  • Cost Evaluation
  • Cost Realism
  • Cost Reimbursement Contract
  • Cost-Technical Trade-Off
  • Customary Commercial Practice
  • CVE
  • DCAA Audit
  • Debriefing
  • Default Termination
  • Deficient Price Proposal
  • Delivery Order jurisdiction
  • Delivery Schedule
  • Designated Employee Agent
  • Disclosure of Price
  • Disclosure of Source Selection-Sensitive Information
  • Discussions
  • Disqualification
  • Documentation of Evaluation
  • Domestic Production Requirement
  • Education Center Articles
  • Electronic Filing
  • Evaluation Criteria
  • Evaluations
  • Events
  • Executive Order Compliance
  • Experience of Contractor
  • Experience Requirement
  • Facility Clearance
  • Fair Market Price
  • FASA
  • FedBizOpps
  • Federal Prison Industries (FPI)
  • Filing Deadlines
  • Final Evaluation
  • Final Proposal Revisions
  • Financial Responsibility
  • Fixed Price Contract
  • Former Government Employees
  • FSS Contract
  • GAO Bid Protest Review
  • GAO Jurisdiction
  • GAO Standard of Review
  • Government Contracts
  • Government Office Closings
  • Government Surplus Material
  • GSA Lease
  • HUBZone
  • ID/IQ
  • Impaired Objectivity
  • In-Sourcing
  • Incentive Fee
  • Inclement Weather Delay
  • Incomplete Proposal
  • Incorporation by Reference
  • Incumbent Capture
  • Incumbent Status
  • Independent Government Estimate (IGE)
  • Individual Environmental Report
  • Industrial Mobilization
  • Innovations
  • Interested Party
  • Invitation for Bid
  • Invited Contractor
  • Javits-Wagner-O'Day Act
  • Joint Venture
  • Key Personnel
  • Labor Hours
  • Labor Rate Pricing
  • Late Proposals
  • Late Submissions
  • Level of Effort
  • Licensing Requirements
  • Limitation on Subcontracting
  • Liquidated Damages
  • Lost Proposal
  • Lowest Price Technically Acceptable
  • Mail-Box Rule
  • Management Planning
  • Market Research
  • MAS Contracts
  • Material Misrepresentation
  • Material Solicitation Amendment
  • Material Solicitation Terms
  • Meaningful Discussions
  • Micro-Purchase Threshold
  • Minimum Requirements
  • Misleading Discussions
  • Mistake
  • Mitigation Strategy
  • Multiple Awards
  • NAICS Code
  • National Security
  • Negotiation
  • News
  • Non-Procurement Instruments
  • Novations
  • Offeror Representations
  • OMB Circular A-76
  • Option Exercise
  • Oral Presentations
  • Organizational Conflict of Interest (OCI)
  • Page Limitations
  • Past Performance
  • Past Performance Information Retrieval System (PPIRS)
  • Performance Based Standards
  • Permits and Responsibilities
  • Personal Conflicts of Interest
  • Post-Award Changes to the Contract
  • Post-Protest Re-Evaluations
  • Practicable Alternative
  • Pre-Award Protest
  • Pre-award vs. Post-award Requirements
  • Pre-Qualification of Offerors
  • Pre-Solicitation Notice
  • Prejudice
  • Price Calculation Error
  • Price Calculation Error
  • Price Evaluation
  • Price of FSS Task Order Quote
  • Price Realism
  • Price Reasonableness
  • Price Reduction
  • Procurement Announcement
  • Procurement Integrity
  • Product Testing
  • Proposal Acceptance Period
  • Proposal Detail
  • Proposal Evaluation
  • Proposal Extension
  • Proposal Standards
  • Proposals
  • Protest Terms of Solicitation
  • Protester Comments
  • Public-Private Competition
  • Randolph-Sheppard Act (RSA)
  • Rate Tenders
  • Re-Certification of Size Status
  • Reconsideration
  • Reevaluation
  • Reevaluation Standards
  • Reimbursed Attorney's Fees
  • Reimbursement of Protest Costs
  • Rejection of Proposal
  • Relaxation or Waiver of Requirement
  • Relevancy of Past Performance
  • Reliance on the Proposal
  • Remedies
  • Requirements Contract
  • Responsibility
  • Responsiveness
  • Restricted Competition
  • Resumes
  • Revision of Proposal
  • Revision of Proposals
  • Risk
  • Rule of Two
  • SBA Status protest
  • Scope of GAO Review
  • SDVOSB Set-Asides
  • Significant Issue Exception
  • Simplified Acquisition Procedures
  • Site Visit
  • Size Determination
  • Size Protest
  • Small Business Innovation Research (SBIR) Program
  • Small Business Set-Asides
  • Small Business Subcontracting Goals
  • Sole-Source Award
  • Solicitation Amendment
  • Solicitation Requirements
  • Source Approval
  • Source Selection Authority
  • Source Selection Decision
  • Source Selection Plan
  • Sources Sought Notice
  • Staffing Plan
  • State and Local Requirements
  • Status of Forces Agreement (SOFA)
  • Subcontract Protest
  • Subcontractor Experience
  • Suspension and Debarment
  • Taking Exception to RFP Requirements
  • Task Orders
  • Teaming Agreement
  • Technical Acceptability
  • Technical Evaluation
  • Technical Evaluation
  • Termination of Award
  • Terms of the Solicitation
  • Timeliness of Protest
  • Timely Filing
  • Timely Performance
  • Timely Proposal Submission
  • Trade Agreement Act
  • Unbalanced Pricing
  • Unduly Restrictive Terms
  • Unequal Access to Information
  • Unequal Treatment of Offerors
  • Uniform Time Act of 1996
  • Unstated Evaluation Criteria
  • Unusual and Compelling Urgency
  • Use of Appropriated Funds
  • Veterans First
  • VIP Database
  • VOSB Set Asides
  • Wage Determination

Get Help


Talk to an
attorney who
specializes
in bid protests:

+1-703-556-0411
Email

Keep up to date
on bid protest
decisions and
policies:

© 2023 Bid Protest Weekly

  • LinkedIn
  • Google +
  • Twitter
  • Facebook
  • Home
  • Bid Protest Ed Center
  • Blog
  • Topics
  • About Us
  • Contact Us
  • Home
  • Bid Protest Ed Center
    • WHAT is a bid protest?
    • WHO can file a bid protest
    • DO I need an Attorney?
    • WHY Should you file a bid protest?
    • WHEN Must you file a bid protest?
    • WHERE can you file a bid protest?
    • READING the RFP
  • Blog
  • Topics
  • About Us
  • Contact Us
  • LinkedIn
  • Google +
  • Twitter
  • Facebook

+1-703-556-0411