Angel Menendez Environmental Services, Inc.
Highlights
Angel Menendez Environmental Services, Inc. (AMES) protests the award of a contract to Strategic Perspectives Development, LLC under solicitation No. VA-101-07-RP-0030, issued by the Department of Veterans Affairs (VA) for general construction, asbestos abatement, and lead abatement work at the VA Medical Center (VAMC) in San Antonio, Texas. AMES contends that the agency's evaluation and selection of the awardee's proposal were inconsistent with the evaluation scheme provided in the solicitation.
B-310340.2, Angel Menendez Environmental Services, Inc., April 11, 2008
Decision
Matter of: Angel Menendez Environmental Services, Inc.
A. S. Menendez and Gil Bakshi for the protester.
Phillipa L. Anderson, Esq., Stacey North Willis, Esq., and Charlma Quarles, Esq., Department of Veterans Affairs, for the agency.
Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of award to firm that submitted lower-rated, lower-priced proposal in negotiated procurement where all technical factors combined were approximately equal in importance to cost is denied where protest is based on an unreasonable interpretation of a solicitation provision (calling for selection of lower-priced proposal if technical proposals are found essentially equal) as prohibiting award to lower-priced offeror if technical proposals are not considered essentially equal.
DECISION
Angel Menendez Environmental Services, Inc. (AMES) protests the award of a contract to Strategic Perspectives Development, LLC under solicitation No. VA-101-07-RP-0030, issued by the Department of Veterans Affairs (VA) for general construction, asbestos abatement, and lead abatement work at the VA Medical Center (VAMC) in San Antonio, Texas. AMES contends that the agency's evaluation and selection of the awardee's proposal were inconsistent with the evaluation scheme provided in the solicitation.
The RFP, issued as a service-disabled veteran-owned small business set-aside procurement, sought proposals for the award of a fixed-price contract for construction services, including architectural construction and work on mechanical, electrical, utility, fire alarm, and fire protection systems. RFP at 1. The RFP advised that the evaluation and award would be made on the basis of both cost and technical considerations most advantageous to the Government . . . .
For the evaluation of technical proposals, under the construction management factor, offerors were to describe project personnel experience and technical/management approach (including a list of all proposed major subcontractors).
As a matter of background, the agency notes that an initial award that had been made under the RFP was terminated after a successful size status protest; that award had been made on the basis of that firm's higher-rated technical proposal, which also offered a lower price than that offered by
In its protest,
Rather, in its comments,
As an initial matter, the protester's argument in this regard is untimely, as it is based on information known to the protester as early as when it filed its protest, but was not raised until weeks later in its comments on the agency report. See Bid Protest Regulations, 4 C.F.R. sect. 21.2(a)(2) (2007). In any event, the protester's argument is unpersuasive as it reflects an unreasonable interpretation of the RFP. To be reasonable, an interpretation of solicitation language must be consistent with the solicitation when read as a whole and in a manner that gives effect to all of its provisions. Stabro Labs, Inc., B-256921,
The protest is denied.
Gary L. Kepplinger
General Counsel
[1] While AMES, as stated above, has abandoned its initial contention that the agency failed to conduct a proper technical/price tradeoff to support its determination that Strategic's lower-rated, lower-priced offer presented the best value, we note generally that in a negotiated procurement, an agency may properly select a lower-rated, lower-priced proposal where it reasonably concludes that the price premium involved in selecting a higher-rated proposal is not justified in light of the acceptable level of technical competence available at a lower price. Bella Vista Landscaping, Inc., B-291310,
[2] We also do not find persuasive the protester's suggestion that, since the initial, terminated award under the RFP was made at a higher price to a firm with a proposal rated higher technically than Strategic's or