B-310661.3; B-310661.4, Karrar Systems Corporation, March 3, 2008
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release.
Decision
Matter of: Karrar Systems Corporation
Kevin P. Connelly, Esq., Seyfarth, Shaw, LLP,
for the protester.
Ross Aboff, Esq., Archer & Greiner, for BANC3,
Inc., an intervenor.
Daniel Pantzer, Esq., Denise M. Marrama,
Esq., and James F. Ford, Esq., Department of the Army, for the agency.
Mary G. Curcio, Esq., and John M. Melody,
Esq., Office of the General Counsel, GAO, participated in the preparation of
the decision.
DIGEST
1. Protest
that agency unreasonably rated awardee’s technical proposal acceptable despite
eight weaknesses and only three strengths is denied where determination of
acceptability was not based solely on number of strengths versus weaknesses and
protester does not argue that awardee’s proposal did not satisfy any of the
criteria agency applied.
2.
Assertion
that protester’s proposal should have been rated good rather than acceptable
under one management subfactor is denied where record demonstrates that evaluators
reasonably assigned acceptable rating and, in any case, conclusion that
awardee’s proposal was superior under management factor was based, not solely on
adjectival ratings under subfactors, but on source selection official’s
consideration of underlying strengths and weaknesses of protester’s and
awardee’s proposals.
3.
Protest
that “best value” determination was unreasonable is denied where, in determining
that protester’s technically superior proposal was not worth a 30 percent
price premium, source selection official specifically considered proposals’ ratings
under each factor and subfactor, weight accorded each factor, and proposals’ underlying
strengths and weaknesses.
4.
Protest
that awardee’s proposal to recruit spouses of transferred government personnel created
improper conflict of interest due to potential for unduly favorable
consideration from evaluators is denied where proposal was general in nature
and did not identify individuals that could be affected, and there is no other
evidence or reason to believe that evaluators were unduly influenced.
DECISION
Karrar Systems Corporation protests the award of a contract to BANC3,
Inc. under request for proposals (RFP) No. W15P7T-07-R-A226, issued by the
Department of the Army for program and administrative services for its R2 program
(which is designed to provide an efficient means of acquiring critical,
near obsolete items necessary to sustain crucial weapon systems).
Karrar asserts that the Army misevaluated its and BANC3’s proposals and
performed an improper “best value” analysis.
The solicitation
contemplated a best value award of a 5-year indefinite-delivery/ indefinite-quantity
contract based on four evaluation factors (in descending order of importance): technical (with subfactors for three sample
task orders--pre‑award, post award, and budget), management (with
subfactors for transition plan to Aberdeen ( the R2 program is being moved from
Fort Monmouth, New Jersey to Aberdeen Proving Ground, Maryland), transition
plan, and management plan), performance risk, and price. RFP at 59.
Four offerors
responded to the RFP. A source selection
evaluation board (SSEB) assigned the proposals adjectival ratings under the
technical and management factors and subfactors considering evaluated strengths
and weaknesses, whether a proposal met the requirements of the RFP, the amount
of detail provided, and the feasibility of the proposed approach.[1]
Agency Report (AR) at 3. Following the initial evaluation, a
competitive range determination, discussions, and the submission and evaluation
of final proposal revisions, Karrar’s proposal was rated good under the
technical factor, with subfactor ratings of good for the pre- and post-award
sample task orders, and acceptable for the budget sample task order, Final Source
Selection at 21; acceptable under the management factor, with subfactor ratings
of acceptable for transition to Aberdeen, good for transition plan, and
acceptable for management plan, id. at 37; and low for performance
risk. BANC3’s proposal was rated acceptable
under the technical factor, with acceptable ratings for each subfactor, id. at
13; good under the management factor, with ratings of good for each subfactor, id.
at 29; and low for performance risk.
Karrar’s proposed price was $25,119,864, and BANC3’s was
$17,251,531.92.
In considering a
protest of an agency’s proposal evaluation, our review is confined to
determining whether the evaluation was reasonable and consistent with the terms
of the solicitation and applicable statutes and regulations. United Def., LP, B-286925.3 et al.,
TECHNICAL FACTOR
Karrar complains
that BANC3’s proposal should have been rated unacceptable under the technical
factor, since it was assigned three times as many weaknesses (eight) as
strengths (three). This argument is
without merit. First, there was nothing
in the RFP providing that a certain mix of strengths and weaknesses was
necessary in order for a proposal to obtain a rating of acceptable. Further, as indicated, the overall factor
ratings were based on a review of the adjectival ratings assigned under each of
the subfactors--BANC3’s proposal was acceptable under all three subfactors‑-as
well as on whether the proposal met the solicitation requirements, contained at
least minimum detail and was at least minimally feasible. A proposal was rated unacceptable only if it
contained major errors, proposed an approach that could not be expected to meet
requirements, or involved very high risk and could not be corrected without a
major rewrite. AR at 2, 3. This methodology was in no way inconsistent
with the RFP’s evaluation scheme, and Karrar has not specifically argued that BANC3’s
proposal failed to satisfy any of the criteria the agency applied. We conclude, on the record here, that the
agency reasonably rated BANC3’s proposal acceptable under the technical factor.
MANAGEMENT FACTOR
Karrar argues that its proposal should have been rated good,
rather than acceptable, under the transition to
The Army explains in response that in evaluating the proposals the SSEB assigned a good rating only where a proposal offered “some significant strengths or numerous strengths which are not offset by weaknesses.” Source Selection Evaluation Plan (SSEP) at 17. The SSEB did not consider one significant strength plus one strength to meet the “some significant strengths or numerous strengths” standard for a good rating. In contrast, the agency found that BANC3’s three strengths did satisfy the “numerous strengths” standard. Our review of the record confirms that the SSEB was consistent in this regard; at least two significant strengths or three strengths were required in order for a proposal to receive a good rating.[2] While Karrar maintains that one significant strength plus one strength also should have warranted a good rating, given that the approach was applied consistently, we find it unobjectionable.
In any case, Karrar’s focus on the adjectival rating for
the transition to
Karrar asserts
that the agency unreasonably assigned both its and BANC3’s proposals a strength
under the transition plan subfactor for their incumbent staff transition plans. [3] Karrar’s proposal was assigned a strength based
on its having the incumbent workforce in place, Final Evaluation at 2, but
Karrar claims that this feature of its proposal warranted a significant
strength. However, there was nothing in
the RFP that called for automatically assigning a significant strength on this
basis. Thus, Karrar’s argument amounts
to a disagreement as to the degree of benefit that this feature provided the
agency as compared to the benefit provided by BANC3’s transition plan. Such disagreement is not sufficient to
establish that an evaluation conclusion was
unreasonable. See Advanced
Tech. Sys., Inc., B-296493.5,
CONFLICT OF INTEREST
As indicated
above, the work being performed by the R2 office that the contractor will
support is being moved from
While an agency properly
may exclude an offeror from a competition in order to protect the integrity of
the procurement system, even if no actual impropriety can be shown, such a
determination must be based on facts and not mere innuendo or suspicion.
BEST VALUE
DETERMINATION
Karrar argues that
the agency performed an unreasonable best value determination. According to
Karrar, its proposal was substantially superior to BANC3’s under the most important
technical factor, while BANC3’s proposal was only slightly superior to Karrar’s
under the less important management factor.
Karrar concludes that, in selecting BANC3 for award, the agency improperly
gave more weight to the management factor than to the more important technical
factor.
SSOs have broad
discretion in determining the manner and extent to which they will make use of
the technical and price evaluation results; their judgments are governed only
by the tests of rationality and consistency with the stated evaluation
criteria. Chemical Demilitarization
Assocs., B-277700,
Here, while the
SSO noted that the Aberdeen Proving Ground management subfactor was the most
important subfactor, and that BANC3’s proposal was rated good under this
subfactor, SSD at 6, there is no basis to conclude that she gave the management
factor greater weight than the technical factor. Rather, as discussed above, the SSO reviewed
the relative weights of the evaluation factors, the adjectival ratings for each
subfactor, and the underlying strengths and weaknesses on which those ratings
were based. The SSO’s resulting
conclusion that Karrar’s proposal was slightly superior to BANC3’s under the
technical factor, but that BANC3’s proposal was superior to Karrar’s under the
management factor, formed the non-price side of the tradeoff equation. Balanced against those considerations was
Karrar’s $7.9 million (31 percent) higher price. In weighing the
two, the SSO concluded that any relative benefit offered by Karrar’s proposal
was not sufficient to offset its significantly higher price.
The protest is
denied.
Gary L. Kepplinger
General Counsel
[1] Under the technical and management factors and subfactors, proposals were rated outstanding, good, acceptable or unacceptable. Under the management factor and subfactors, proposals also could be rated as susceptible to being made acceptable.
[2] Similarly, a proposal could be assigned a rating of outstanding only if it were assigned “numerous” significant strengths. SSEP at 17. The Army’s consistent approach in applying the term “numerous” resulted in a proposal with two significant strengths and four strengths under a subfactor being rated good. Source Selection Briefing at 32.
[3]
Karrar also argues that its and BANC3’s proposal were evaluated disparately in
various areas of the management evaluation.
However, the agency responded to these arguments in its report, and
Karrar did not substantively address the agency’s response in its comments on
the report. Under these circumstances,
we consider these arguments abandoned.
[4] Karrar argues that the plan likely violates
criminal statutes. Our Office has no
jurisdiction over alleged violations of criminal laws. Corbin Superior Composites, Inc.,
B-236777.2,
[5] For the same reason, we find no merit to Karrar’s
argument that the spouse recruiting plan should have precluded BANC3’s proposal
from being assigned a strength for its risk mitigation plan.