B-222471, MAY 16, 1986, 86-1 CPD 468
Highlights
QUESTIONS - FUTURE PROCUREMENTS DIGEST: PROTEST AGAINST AGENCY EVALUATION OF PROPOSALS IS DISMISSED AS PREMATURE WHERE AGENCY ADVISES THAT IT HAS NOT MADE AN AWARD AND THAT IT IS REEXAMINING BOTH THE SOLICITATION AND THE SOURCE SELECTION PROCESS AND WILL TAKE WHATEVER ACTION IS APPROPRIATE AND NECESSARY TO ASSURE THAT IT WILL MAKE A SELECTION MOST ADVANTAGEOUS TO THE GOVERNMENT. ATS CONTENDS THAT ERRORS IN EVALUATION AND UNDUE RELIANCE ON THE TRUTH OF CERTAIN REPRESENTATIONS IN ITS COMPETITOR'S PROPOSAL RESULTED IN THAT PROPOSAL RECEIVING A SCORE HIGHER THAN THE SCORE IT WOULD HAVE RECEIVED HAD IT BEEN PROPERLY EVALUATED. THE NAVY STATES THAT IT WILL REEXAMINE THE RFP AND SOURCE SELECTION PROCESS AND TAKE WHATEVER ACTION IS APPROPRIATE AND NECESSARY TO ASSURE THAT IT WILL MAKE A SELECTION MOST ADVANTAGEOUS TO THE GOVERNMENT AND THAT IT WILL MAINTAIN THE INTEGRITY OF THE SOURCE SELECTION PROCESS.
B-222471, MAY 16, 1986, 86-1 CPD 468
CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - FUTURE PROCUREMENTS DIGEST: PROTEST AGAINST AGENCY EVALUATION OF PROPOSALS IS DISMISSED AS PREMATURE WHERE AGENCY ADVISES THAT IT HAS NOT MADE AN AWARD AND THAT IT IS REEXAMINING BOTH THE SOLICITATION AND THE SOURCE SELECTION PROCESS AND WILL TAKE WHATEVER ACTION IS APPROPRIATE AND NECESSARY TO ASSURE THAT IT WILL MAKE A SELECTION MOST ADVANTAGEOUS TO THE GOVERNMENT.
APPLIED TECHNICAL SYSTEMS, INC.:
APPLIED TECHNICAL SYSTEMS, INC. (ATS), PROTESTS THE EVALUATION OF A COMPETITOR'S PROPOSAL UNDER REQUEST FOR PROPOSALS (RFP) NO. N00024-85-R 4154Q ISSUED BY THE DEPARTMENT OF THE NAVY, NAVAL SEA SYSTEMS COMMAND, WASHINGTON, D.C., FOR INSTRUCTION IN THE SUBJECTS OF INTEGRATED SHIP MAINTENANCE SUPPORT AND SHIPYARD MATERIAL IDENTIFICATION. ATS CONTENDS THAT ERRORS IN EVALUATION AND UNDUE RELIANCE ON THE TRUTH OF CERTAIN REPRESENTATIONS IN ITS COMPETITOR'S PROPOSAL RESULTED IN THAT PROPOSAL RECEIVING A SCORE HIGHER THAN THE SCORE IT WOULD HAVE RECEIVED HAD IT BEEN PROPERLY EVALUATED. ATS URGES THAT A PROPER EVALUATION WOULD RESULT IN AN AWARD TO ATS.
WE DISMISS THE PROTEST AS PREMATURE.
THE NAVY REPORTS THAT IT HAS NOT MADE AN AWARD UNDER THE RFP AND THAT IT HAS QUESTIONS IN A FEW AREAS OF THE SOLICITATION AND SOURCE SELECTION EVALUATION WHICH MERIT FURTHER CONSIDERATION. FURTHER, THE NAVY STATES THAT IT WILL REEXAMINE THE RFP AND SOURCE SELECTION PROCESS AND TAKE WHATEVER ACTION IS APPROPRIATE AND NECESSARY TO ASSURE THAT IT WILL MAKE A SELECTION MOST ADVANTAGEOUS TO THE GOVERNMENT AND THAT IT WILL MAINTAIN THE INTEGRITY OF THE SOURCE SELECTION PROCESS. IN THE CIRCUMSTANCES, THE NAVY'S DECISION RENDERS THE CURRENT EVALUATION INCOMPLETE. CONSEQUENTLY, ATS IS NOT AT THIS TIME PRECLUDED FROM CONSIDERATION FOR THE AWARD. SINCE ATS IS STILL BEING CONSIDERED AS A POSSIBLE AWARDEE, WE FIND NO BASIS TO CONSIDER ATS'S ALLEGATION AT THIS TIME. JJK COMMODITY COMPANY, B-215093, AUG. 22, 1984, 84-2 CPD PARA. 211.