Protest of D.C. Government Contract Award

A request for proposals (RFP) issued by the District of Columbia Government contemplated a two-phase program; phase I for systems requirements and alternatives analysis, and phase II for detailed design and implementation. A firm contended that: (1) it was not afforded an equitable opportunity to submit price, technical or other revisions in a best and final offer; (2) its proposal was excluded from the competitive range as a result of favoritism, bias and prejudice; (3) its price for other phases would have been substantially lower than the awardee; and (4) the proposed contract with the awardee excluded certain computer programs from the data rights clause in violation of mandatory RFP provisions. The basis of the fourth protest was moot since the procuring agency reported that the proposed contract provision excluding those computer programs would be changed to comply with the requirements of the RFP. GAO reviewed the memoranda related to the evaluation of the protester's and the awardee's proposals, and noted the deficiencies in the protester's proposals observed by the evaluators' scoresheets. GAO concluded that the procuring agency established a thorough technical evaluation scheme in accordance with the RFP evaluation criteria and the evaluators followed it in evaluating both proposals. From the evaluators' comments the protester knew why its proposal was found unacceptable. GAO will not substitute its judgment for an agency's determination of which proposals are technically acceptable unless it is shown to be arbitrary or in violation of procurement statutes or regulations. Accordingly, there was no basis to conclude that the protester was unfairly treated concerning the agency's evaluation of its technical proposal. The protest was denied in part and dismissed in part.