Link: GAO Opinion
Agency: Federal Emergency Management Agency
Disposition: Protest denied.
General Counsel P.C. Highlight:
GAO denied the protest of KAES Enterprises, LLC based on its exclusion from the competitive range, under a request for proposals (RFP), issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for generator maintenance services.
The RFP was set aside for service-disabled veteran-owned small businesses (SDVOSB), and provided for the award of a fixed price contract for generator maintenance services at FEMA distribution centers. The PWS identified maintenance tasks that were required to be performed once a quarter over an eight-business day period. The contractor was required to maintain the generator fleet at a “minimum level of 90% ‘fully mission capable’. . . with 100% being the targeted goal.” The factors that were to be considered included technical approach and understanding, management approach and capabilities, and past performance. Under the technical approach factor, offerors were required to provide a detailed description of how they would meet PWS requirements, including descriptions of project work plan and schedule, and proposed methods and techniques for completing each task.
KAES argues that the agency’s evaluation of its technical proposal was unreasonable where it provided a “superior performance plan.” However, GAO found that the evaluation was reasonable where the PWS required the contractor to perform the generator maintenance services on a rotating basis and KAES proposed a plan in lieu of the one required. Because KAES proposed to provide services throughout the 90-day quarter instead of within an eight-day window, it was reasonable for the agency to assign the proposal a deficiency.
KAES also argues that FEMA conducted the procurement in bad faith by favoring a particular contractor and its affiliated companies. GAO dismissed this argument where the record did not support KAES’s claims.