B-297252.3, TruLogic, Inc., January 30, 2006
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Decision
Theresa
Armentrout for the protester.
Igor
Boris, Command Technology, Inc., for the intervenor.
Maj. Jeffrey Branstetter, Department of the Air Force, for the agency.
Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Source selection authority’s (SSA) disagreement with the majority of the evaluators and acceptance of the minority’s recommendation that the awardee be selected for award is unobjectionable and does not evidence a lack of “impartiality,” where the SSA reached a reasoned conclusion, supported by the record, that the awardee’s lower-priced, lower-rated proposal deserved a higher technical rating than was assigned by the majority and represented the best value to the government.
DECISION
TruLogic, Inc. protests the award of a contract to Command Technology, Inc. (CTI) under request for proposals (RFP) No. FA8104-05-R-0414, issued by the Department of the Air Force for Interactive Electronic Technical Manual (IETM) systems development and Technical Order (TO) “sustainment.” TruLogic challenges the agency’s technical and price evaluation, and contends that the source selection authority (SSA) was biased.
BACKGROUND
TruLogic previously protested an Air Force decision to award a contract for IETM system development to CTI under the RFP. We dismissed the protest after the Air Force notified our Office that it was taking corrective action. The agency then amended the RFP, sought and evaluated revised proposals, and once again selected CTI for award. This protest challenges the new award to CTI.[1]
The RFP, set aside for small businesses, contemplated the award
of a fixed-price contract for IETM systems development and TO sustainment
support for specific Air Force engines. An
IETM is a secure computer solution that distributes standards-based electronic
technical data. RFP, Statement of Work
(SOW), sect. 2.1. The required tasks in the SOW
included developing IETM systems from government-furnished digital TO source
files, converting TOs from legacy paper format to an Air Force-approved IETM system
format, providing sustainment support for applicable TOs after the IETM systems
are built, and providing improvements and enhancements to the IETM systems during
the course of the contract.
The RFP provided that award would be made to a General Services Administration (GSA) contract holder under the firm’s GSA Federal Supply Schedule contract for a base period with four 1-year options. The RFP stated that award would be made on a “best-value” basis, considering mission capability (including two equally weighted subfactors for program management[2] and technical performance[3]), proposal risk, past performance, and price. The first three factors were stated to be of equal importance and combined were “significantly more important than price; however, price will contribute substantially to the selection decision.” RFP, Evaluation Factors for Award, sections 2.1, 2.2.
With regard to the program management subfactor of the mission capability factor, offerors were requested to “describe in detail a sound and rational approach to program management for the IETM [systems] program” that addressed “at a minimum” each of the identified “essential components” of the approach. With regard to the technical performance subfactor of the mission capability factor, offerors were instructed to “describe in detail a sound and rational approach to program management for the IETM [systems] program” and include with their proposals a “demonstration disk” to demonstrate “basic functionalities and enhancements” listed in the SOW. The RFP stated that “[i]f a functionality is not included in the disk, the proposal must state how the offeror intends to meet the required functionality.” Offerors were informed that their “technical performance” would be evaluated to include their “technical approach as far as best value to the Government,” and that “[t]his will include future enhancements, upgradeability, suitability, maintainability, and interoperability and integration with other systems.” RFP, Instructions to Offerors, sect. 4.2.3.
The RFP stated that each of the mission capability subfactors would receive one of four adjectival ratings (blue, green, yellow, or red) based on the assessed strengths and proposal inadequacies within each offeror’s proposal. The mission capability subfactor ratings were defined as follows:
Color |
Rating |
Description |
Blue |
Exceptional |
Exceeds specified minimum performance or capability
requirements in a way beneficial to the government; proposal must have one or
more strengths and no deficiencies to receive a blue. |
Green |
Acceptable |
Meets specified minimum performance or capability
requirements delineated in the Request for Proposal; proposal rated green
must have no deficiencies but may have one or more strengths. |
Yellow |
Marginal |
Does not clearly meet some specified minimum performance
or capability requirements delineated in the Request for Proposal, but any
such uncertainty is correctable. |
Red |
Unacceptable |
Fails to meet specified minimum performance or
capability requirements; proposal has one or more deficiencies. Proposals with an unacceptable rating are
not awardable. |
RFP, Evaluation Factors for Award, sect. 2.4.
In addition, the RFP provided that each of these subfactors would be assessed risk ratings of high, moderate, or low risk. The RFP further advised that in evaluating risk, the agency would focus on “risks and weaknesses associated with an offeror’s proposal approach,” including an assessment of the “potential for disruption of schedule, increased cost, degradation of performance, and the need for increased Government oversight, as well as the likelihood of unsuccessful performance.” RFP, Evaluation Factors for Award, sect. 2.5.
With regard to past performance, the RFP requested that
offerors submit information on relevant contracts, performed within the 3 years
prior to the issuance of the RFP, that would allow the agency to asses the
offeror’s probability of successfully performing the effort as proposed. From this information, the agency would
assess “confidence” ratings of “high,” “significant,” “unknown,” “little,” or
“no” confidence.
With regard to price, the RFP contained numerous
fixed-price contract line item numbers (CLIN) and subCLINs, for both the base
period and each option year, covering IETM systems development and tasks
related to the continued TO sustainment support, IETM improvements and
additional functional requirements, and IETM source data files.[4] RFP, Schedule B. The RFP stated that “prices and rates” were to
be provided for each CLIN, and that “no other rates will be allowed or
considered for negotiating a price for each work request.” RFP, Instructions to Offerors sect. 5.1(a). The offerors were also requested to state their
prices “in exact amounts” and informed that prices “should not be rounded.”
The RFP stated that each offeror’s proposed price would be evaluated for reasonableness based on the total price proposed for the base period requirements and all options. The prices of the “line items and sub-line items” were also to be evaluated to determine if the pricing was unbalanced. While offerors were requested to provide “information other than cost or pricing data” to support price reasonableness and cost realism in accordance with Federal Acquisition Regulation (FAR) sections 15.403-1(b), 15.403-3(a), and 15.403-5, id. sect. 5.1.4, according to the protester, at the “industry day” briefing for this procurement, offerors were instructed not to provide “cost build up” information and provide only CLIN pricing. Protest at 12.
Eight offerors, including TruLogic and CTI, responded to the RFP.[5] Different members of the source selection evaluation team (SSET) evaluated different aspects of the technical proposals. For example, with regard to the mission capability factor, three individuals evaluated the program management subfactor and the configuration management aspect of the technical performance subfactor, and four individuals evaluated the remaining aspects of the technical performance subfactor, including the demonstration disk. Two individuals evaluated past performance, and the contracting officer and an advisor evaluated price. Proposal risk was considered by the evaluators throughout the evaluation. Hearing Transcript (Tr.) at 29-31.[6] Once initial evaluations were complete, the SSET members developed “Evaluation Notices” (EN) that were sent to the offerors regarding technical and price issues. After several rounds of ENs, the entire SSET met to evaluate the responses.
With regard to the technical performance subfactor of the mission capability factor, the SSET members agreed that TruLogic’s proposal demonstrated that its proposed IETM system provided “basic functionalities and several enhancements [that were] fully developed and available for immediate incorporation,” was “extremely user‑friendly,” and presented a low risk solution. Agency Report (AR), Tab 7A, SSET Majority Report, Slide 24.
The SSET members also agreed that there were no
“inadequacies” in CTI’s proposal under the technical performance subfactor. However, the majority of the SSET determined
that there remained “uncertainties” whether CTI’s proposal met some of the functionality
requirements of the SOW, for example, those concerning graphics display,
bookmarking and annotation capability, and search functions.
The majority SSET members drafted a final evaluation report, and the minority SSET members drafted a separate evaluation report documenting their disagreement. The resulting reports (both of which were presented to the SSA) reflected different ratings for CTI under the technical performance subfactor of the mission capability factor. In all other respects, the members agreed.[8] The proposal ratings assigned by the majority and minority SSET members were as follows:
TruLogic |
CTI |
||||
Majority SSET |
Minority SSET |
Majority SSET |
Minority SSET |
||
|
|||||
Program Management |
Green/Low |
Green/Low |
Green/Low |
Green/Low |
|
Technical Performance |
Blue/Low |
Blue/Low |
Yellow/Moderate |
Green/Moderate[9] |
|
Proposal Risk |
Low |
Low |
Low/Moderate |
Low/Moderate |
|
Past Performance |
High Confidence |
High Confidence |
Significant
Confidence |
Significant
Confidence |
|
Price |
$4,163,946 |
$3,283,235 |
AR, Tab 7A, SSET Majority Report, Slides 10, 12, 17; Tab 7B, SSET Minority Report, Slides 11, 16. The majority SSET report recommended TruLogic for award based on TruLogic’s superior technical rating. AR, Tab 7A, SSET Majority Report, Slide 25. The minority SSET report recommended CTI for award, finding that CTI’s proposal met the requirements of the RFP and was the “better value,” given the firm’s lower cost and essentially “equal” past performance. AR, Tab 7B, Minority SSET Report, Slide 27.
The SSA (who was also the contracting officer), in the SSD, agreed with the SSET’s evaluation and “blue” rating of TruLogic’s proposal under the technical performance subfactor of the mission capability factor, and with the assessment that TruLogic’s proposal was technically superior to CTI’s under this subfactor. In so doing, he set forth the various strengths in TruLogic’s proposal that supported that rating. AR, Tab 6C, SSD, at 4-5.
However, the SSA did not concur in the majority SSET’s
yellow rating of CTI’s proposal under this subfactor and instead adopted the
minority SSET views that CTI’s proposal met the requirements of the RFP in all
areas identified by the majority SSET members as “uncertainties” and that it
should be rated “green” under this subfactor.[10]
Under the program management subfactor of the mission
capability factor, the SSA found that both of these offerors had excellent
management structures and described the strengths of each proposal that
supported this determination. He also
stated that while TruLogic had “more experience in Air Force Technical Order
sustainment than CTI,” this was “balanced by” CTI’s experience with the Navy
and its “extensive commercial experience” with building IETM systems, as well
as the fact that CTI’s team members were “highly experienced” with Army, Navy, Air
Force, and commercial entities. The SSA
also determined that the personnel teams of each offeror were “equal.” Based on the foregoing, the SSA rated both proposals
green under the program management factor.
Under the proposal risk factor, the SSA found that TruLogic’s
proposal presented the “least risk to the schedule and performance”
because of the firm’s experience on Air Force TO systems. However, the SSA found that CTI’s proposal also
deserved a low risk rating, rather than the moderate risk rating assigned by
the majority SSET members under the technical performance subfactor, because,
in his view, CTI’s proposal did not contain the “uncertainties” identified by
the majority SSET members in their report, and thus there was “little doubt” as
to CTI’s ability to perform.
Under the past performance factor, the SSA found TruLogic’s
performance to be slightly superior to CTI’s, but found that CTI also presented
past performance examples that were “highly rated and very relevant in
magnitude and complexity to this effort.”
As a result, the SSA concluded that he had “no doubt that either
TruLogic or CTI could perform this requirement on schedule per the [SOW].”
The SSA selected CTI for award, based on his belief that
that “CTI will successfully perform the requirement, and at a significantly
lower price” than TruLogic and that CTI’s proposal provided the “best overall
value” to the Air Force. The strengths
identified in TruLogic’s proposal, in the SSA’s opinion, did not “offer
sufficient advantage over the features proposed by CTI such as to merit a 27%
price premium.”
DISCUSSION
TruLogic challenges the agency’s evaluation and source
selection decision. Where an evaluation
is challenged, our Office will not reevaluate proposals, but instead will
examine the record to determine whether the agency’s judgment was reasonable
and consistent with stated evaluation criteria and applicable statutes and
regulations. Sam Facility Mgmt., Inc.,
B-292237,
TruLogic first argues that the SSA failed to act with “impartiality.”[12] It asserts that the SSA unreasonably ignored the SSET majority view, instead relying on the minority view, and “manipulated” the evaluation to support his selection of CTI for award. TruLogic further contends that the SSA either ignored or only mentioned in a cursory way TruLogic’s proposal strengths, while dedicating several paragraphs of the SSD to emphasize CTI’s proposal strengths.
The record, however, shows a well-documented, reasoned
evaluation and award decision without evidence of bias. Despite TruLogic’s insistence that the SSA
should have adopted the majority view, source selection officials are not bound
by the evaluation judgments of lower level evaluators; they may come to their
own reasonable evaluation conclusions. MW-All
Star Joint Venture, B-291170.4,
TruLogic challenges the assessment of strengths and weaknesses in its and CTI’s proposals. For example, it complains that the agency unreasonably assessed a strength in CTI’s proposal for its database system. The record shows that the agency reasonably concluded that CTI’s database system offered advantages to the agency, not offered by TruLogic’s system, including the ability to transfer and gather data more easily, make it easier to upgrade in the future to a “Type 2” IETM system, and to provide more interactivity with existing and future systems. Tr. at 61-62, 83-84. Although TruLogic asserts that the agency misevaluated the offerors’ systems in this regard, it has not demonstrated that the evaluation of this aspect of the proposals was unreasonable.[15]
TruLogic also complains that the agency evaluated unstated criteria by giving credit to CTI’s proposal for its database system, asserting that a database system was not required by the RFP. However, the SOW contemplates that a database IETM system could be provided.[16] RFP, SOW, sect. 2.2.1.a (citing MIL‑PRF-87268A-A1, which references requirements for a database system); Tr. at 70-71. Since the RFP informed offerors that their technical approaches would be evaluated for “future enhancements, upgradeability, suitability, maintainability, and interoperability and integration with other systems,” RFP, Instructions to Offerors, sect. 4.2.3, we find no error in the Air Force’s assessment that CTI’s database system was deserving of a strength for providing benefits in these areas.
TruLogic next complains that the agency assessed CTI’s
proposal a strength for the firm’s S1000D experience, but ignored TruLogic’s “RCM”
(that is, Reliability Centered Maintenance) experience.[17] However, the agency reasonably concluded that
CTI’s experience converting TOs to S1000D format for the Navy was easily transferable
to the Air Force and provided a benefit to the Air Force since the RFP
contemplated that future IETM systems would be S1000D compliant. AR, Tab 6C, SSD, at 7; see RFP, SOW, sections 2.2.2.a,
2.3.1. In contrast, TruLogic had not
performed S1000D conversion efforts, and had not provided any deliverables
under its RCM contract at the time of the evaluation such that the agency
could have evaluated this work.
Tr. at 99-102.
TruLogic also contends that the agency rated CTI’s proposal too high under the program management subfactor for the firm’s commercial and Navy experience, and rated TruLogic’s proposal too low given TruLogic’s assertedly more relevant Air Force experience. However, the record shows that, although the offerors’ experience is discussed in the SSD, the essential bases for both firms’ green ratings under this subfactor were the firms’ “excellent” management plans as set forth in their respective proposals and discussed in the SSD. Although it is not clear why the SSD compared the firms’ experience under this subfactor, given that the RFP did not state that experience would be evaluated under this subfactor, the record nonetheless shows that both offerors had comparable and valuable experience, as reasonably considered by the agency. In this regard, as stated above, the agency favorably considered TruLogic’s Air Force experience, but reasonably found that this was “balanced by” CTI’s experience with commercial entities and the Navy, and by the broad experience of CTI’s team members.[18] AR, Tab 6C, SSD, at 3.
TruLogic also asserts that in order to accomplish the
contract work, CTI must employ labor categories for technical writers,
illustrators, and quality assurance personnel that are not identified in its
GSA Schedule contract. However, as
pointed out by the Air Force, technical writers and illustrators are not
required under the RFP and their services are not being purchased by the agency
here. Tr. at 52, 57; Contracting
Officer’s Statement (
TruLogic also challenges the agency’s evaluation of price, arguing that the agency deviated from the stated evaluation criteria, failed to evaluate price reasonableness,[19] and overlooked CTI’s assertedly unbalanced prices. The record demonstrates, however, that the agency adhered to the RFP’s evaluation criteria in evaluating price. In this regard, the agency compared each offeror’s overall price and the price for each CLIN and sub-CLIN to other offerors’ prices and to the government estimate for each year of the contract (including option years). Where the evaluators found unexplained outliers in price (that is, prices that deviated substantially from the other offerors or the government estimate), the agency issued ENs to the offeror to better understand the offeror’s approach. From this analysis, which the agency explained in detail at GAO’s hearing, we find that the agency reasonably concluded that CTI’s price was reasonable and not unbalanced.
TruLogic raises a number of other specific concerns about CTI’s price. For example, it asserts that CTI’s price must be unbalanced since CTI did not alter its CLIN pricing based on the number of pages that must be processed. However, as the agency reasonably explains, CTI’s proposed IETM system is not dependent on page counts and will not lead to additional costs for CLINs with a greater number of pages. See Tr. at 144-47.
TruLogic also complains that CTI’s price contains “hidden” costs, that is, costs necessary to render CTI’s proposal compliant with the RFP’s functionality requirements identified by the majority SSET report as “uncertainties.” However, as discussed above, we find that the SSA reasonably concluded that CTI’s proposal met these functionality requirements and thus there are no “hidden” costs.
TruLogic also complains that CTI’s prices for some CLINs were “per seat” unit prices prohibited by the RFP. In this regard, the SOW stated that “[t]he Government will not accept a per-seat licensing solution for the IETM program. The contractor’s solution must provide the authority for unlimited Government distribution of the IETM system.” RFP, SOW, sect. 2.1. TruLogic misinterprets CTI’s pricing. CTI’s CLIN price was developed from multiplying its unit price (which was “per seat”) by some multiple to arrive at a total fixed price amount for “unlimited seats.” Tr. at 163; AR, Tab 9A, CTI’s Price Proposal, Vol. III, Schedule B. CTI thus offered an unlimited seat solution, not a “per seat” solution as TruLogic argues.
TruLogic further asserts that CTI’s proposal did not
comply with the requirement for “exact” rather than “rounded” pricing, noting
that many of CTI’s CLINs are identically priced and are rounded to whole dollar
amounts. The agency explains that CTI’s
prices were not rounded, but were based on its GSA Schedule pricing, which was stated
in whole dollars. Tr. at 163-64. According to documents included with CTI’s
price proposal, however, CTI’s GSA Schedule pricing is not stated in whole
dollars and its pricing, therefore, appears to be rounded. AR, Tab 9A, CTI’s Price Proposal, Vol. III,
GSA Schedule Price List. Although it
appears from the record that the agency may have waived the requirement for
“exact” pricing with regard to CTI’s proposal, the record does not show that
the competition was in any way compromised by the agency’s acceptance of CTI’s
proposal or that TruLogic was otherwise prejudiced as a result. There is no evidence, and it is not otherwise
apparent, that the agency’s waiver of the requirement would in any way materially
affect any offerors’ proposed overall price (TruLogic does not claim, for
example, that this would allow it to materially lower its overall price), such
that TruLogic could overcome the substantial price differential between its and
CTI’s proposals in order to have a reasonable chance for award. In the absence of prejudice, the protest
cannot be sustained on this ground. See
Citywide Managing Servs. of Port Washington, Inc., B-281287.12, B‑281287.13,
Finally, TruLogic complains that CTI’s price for the travel
CLIN ($32,400) was underpriced and should have been accounted for in the price
evaluation, especially given TruLogic’s higher price ($166,903) for this CLIN. Protest at 13-14; see CLIN
Summary Sheet. In contrast to the
fixed-priced CLINs for the other contract work, travel was to be evaluated
based on estimated travel costs for two people making 27 trips from the
offeror’s place of business to Tinker Air Force Base (in Oklahoma) or San
Antonio, Texas, using Joint Travel Regulation rates. RFP, Evaluation Factors for Award, sect. 2.7. The agency evaluated CTI’s pricing based on the
assumption of only one individual making the trip, since the agency was aware
from CTI’s proposal that CTI’s teaming partner (which could provide the second
individual) was located locally in
The protest is denied.
Anthony H. Gamboa
General Counsel
[1] The protester here proceeded pro se and thus did not have access to certain information in the record. Accordingly, our discussion in this decision is necessarily general in order to avoid reference to protected information. Our conclusions, however, are based on our review and consideration of the entire record.
[2] The program management subfactor included the evaluation of management structure, quality plan, safety plan, management of funds, and personnel staffing and training.
[3] The technical performance subfactor included the evaluation of a demonstration disk; storage, security and backup; configuration management; and hardware and software requirements.
[4] As discussed later in this decision, there were also CLINs for travel for which offerors were to submit estimated costs.
[5] Four offerors were later eliminated from the competitive range.
[6]
Our Office conducted a hearing on the protest on
[7] The SOW provided that a “Guidance Conference” would be held with the awardee within 15 days of award to discuss such issues as “style, work package format, illustrations, data that requires amplification, and missing data.” RFP, SOW, sections 6.3, 6.4.
[8] The minority did not disagree with the evaluation of Tru-Logic’s proposal.
[9] Although the minority SSET report did not change the risk rating from moderate to low for the technical performance subfactor, the discussion in the report regarding proposal risk addressed and rejected each of the concerns raised by the majority SSET members that led to the moderate risk rating.
[10] Contrary to TruLogic’s interpretation of the redacted report, the agency does not admit that CTI’s proposal deviates from solicitation requirements.
[11] S1000D is an international standard from the ISO 9001 area. Tr. at 93.
[12] TruLogic also complains that the agency did not make a “new” source selection decision, as it promised in its corrective action letter to our Office that led to our dismissal of its prior protest, but merely reselected CTI for award. However, the agency’s promise of making a new decision did not mean that CTI was ineligible for award or that CTI could not be selected after the reevaluation, as is here suggested by TruLogic. In addition, TruLogic complains that, when taking corrective action, the agency amended the solicitation to alter requirements solely for the benefit of CTI. However, to the extent that TruLogic now complains about the RFP amendments, its protest is untimely, as challenges to defects in solicitation amendments must be raised before the date set for receipt of proposal submissions following the amendment, and these were not timely raised. 4 C.F.R. sect. 21.2(a)(1) (2005).
[13] TruLogic asserts that the majority SSET report presented the more accurate view since the majority members were “high ranking enlisted representatives” and managers, and were more qualified and experienced than the minority SSET members. In this regard, TruLogic speculates that the minority SSET report author was not an “actual ‘user’” and only held an “administrative/management” position. However, the SSA explains, and the record confirms, that the minority members had more “direct” experience with TOs than the majority members whose experience was more “administrative.” Tr. at 15-25, 40. TruLogic also contends that the majority view was more credible since the majority SSET members (or at least some of the majority members, as the record shows) reviewed the demonstration disk, and the minority members did not review the disk. However, the minority members discussed with the rest of the SSET the majority’s concerns, and credibly explained why they did not need to review the disk to determine from CTI’s EN responses and final proposal revision that CTI’s proposal met the functionality requirements of the solicitation. See Tr. at 28-29. While TruLogic disagrees with the SSA’s determination to give more weight to the minority report, it has not shown the SSA’s judgment to be unreasonable. See Entz Aerodyne, Inc., supra.
[14] Although TruLogic contends that CTI’s proposal should have been found technically unacceptable because its demonstration disk did not sufficiently address the functionality requirements and that the SSA should not have considered CTI’s EN responses, the RFP provided that an offeror could explain how it would address the functionality requirements of the solicitation that were not addressed in its demonstration disk. RFP, Instructions to Offerors, sect. 4.2.3.
[15] For example, TruLogic asserts that the agency misinterpreted its proposal as offering a “Type 1” IETM system and that these categories are applicable only to the Navy and not the Air Force. However, as the agency explains, the classifications are applicable throughout the Department of Defense and, because TruLogic’s proposed system did not offer the “interactivity” required of higher-level systems, the agency reasonably concluded that TruLogic’s system was only a “Type 1” IETM system. Tr. at 78-79. Although we do not address all of TruLogic’s numerous other arguments contesting the nature and relative capability of its and CTI’s IETM systems, we have reviewed all of the arguments and find that they do not demonstrate that the evaluation of the proposals in this respect was unreasonable.
[16] Although TruLogic states that all IETM systems are database systems, the agency persuasively explains why, in its view, this is not the case. See Tr. at 70-71, 76‑77.
[17] RCM refers to a program or system for collecting equipment inspection, maintenance, and failure data, so that the agency can better forecast the need for the acquisition or replacement of parts. Tr. at 84-85, 98.
[18] TruLogic also disputes the agency’s determination that the firms’ personnel were essentially “equal” under the program management subfactor. However, the record shows that the two firms offered personnel with similar years and range of experience.
[19]
TruLogic complains that price reasonableness cannot be determined without “bulk
rate and build up costs,” which were not provided by CTI (or TruLogic, for that
matter) or required by the agency.
Since TruLogic was aware from the industry day briefing that this
information was not required and did not protest prior to the closing date for
receipt of proposals, its protest now that this information should have been
required is untimely. 4 C.F.R.
sect. 21.2(a)(1) (alleged solicitation defects must be protested prior to due
date for receipt of proposals).
[20] While TruLogic argues that travel costs should not have been included in the price evaluation because they are too uncertain, this constitutes an untimely challenge to the terms of the solicitation. 4 C.F.R. sect. 21.2(a)(1).