Link: GAO Decision
Protestor: Kevcon, Inc.
Agency: Department of Veterans Affairs
Disposition: Protest Denied.
Protest that agency improperly evaluated proposals is denied where the record shows the agency’s evaluation was reasonable and consistent with the terms of the solicitation and applicable procurement statutes and regulations.
General Counsel PC Highlight:
Kevcon, Inc. protested the award to R.E.M. Construction Co. of a contract for the construction of a 3.3 megawatt photovoltaic system at the VA Southern Nevada Healthcare System Medical Center in North Las Vegas, Nevada. Award was to be made on the basis of price and technical considerations deemed most advantageous to the government; the three technical factors, when combined, were significantly more important than price. Kevcon protested the initial award to R.E.M., in response to which the agency took corrective action and reevaluated proposals.
The GAO found no basis to find the agency’s evaluation unreasonable, in consideration of the CO’s supplemental statement detailing the bases for the agency’s point score ratings for Kevcon and R.E.M.’s key personnel work experience. It rejected as unreasonable Kevcon’s interpretation of the solicitation as requiring experience at a medical facility of similar size and scope, not on a project of similar size and scope. The GAO also disagreed that the failure to explicitly provide employer names of key personnel on their biographical data resumes should have resulted in R.E.M. receiving zero points. It disagreed that Kevcon should have received the maximum score under the schedule factor on the grounds that Kevcon had been assigned a strength and no weaknesses.
When required to provide a project organizational chart and narrative including the key personnel described in the proposal, offerors must ensure that the position titles and roles are clearly defined. If the resume of a key employee lists a title as “Project Executive and Scheduler,” that title should be consistent across the proposal and on the organizational chart. If any other personnel have listed duties encompassing scheduling, the agency may assign a weakness for the inconsistencies.