Link: GAO Opinion
Agency: Department of the Army
Disposition: Protest sustained.
Keywords: Past performance; Capability evaluation
Navistar Defense and BAE Systems protested the award of a contract to Oshkosh Corporation, under a request for proposals (RFP) issued by the Department of the Army, U.S. Army Tank-Automotive and Armaments Command, for production of the family of medium tactical vehicles (FMTV). Following the Army’s award of the contract to Oshkosh, Navistar and BAE challenged the Army’s evaluation of the offerors’ technical and price proposals, and contended that the selection decision was flawed. The protest focused on whether the Army reasonably applied a solicitation criterion that existing production capabilities would be viewed as having less risk than those that do not currently exist. The protest also examined whether Navistar and BAE’s past performance were properly evaluated in spite of the Army’s inability to produce a record that demonstrates its basis for evaluation. The evaluation record lacked any recognition of the risks associated with the fact that Oshkosh did not have in place all the production facilities required to perform the contract. The record also failed to show consideration of all elements of Navistar’s and BAE’s past performance. These gaps were not adequately explained in a fact hearing that GAO held during the pendency of the protest.
As such, the GAO recommended that the Army reevaluate the offerors’ proposals under the capability evaluation factor, conduct a new evaluation of Navistar’s past performance that adequately documents the Army’s judgments, and make a new selection decision. If at that point, Oshkosh is not found to offer the best value, the GAO has instructed the Army to terminate Oshkosh’s contract for the convenience of the government.