No. 24-1641C
Background
In October 2024, BWT filed this protest challenging the PSI contract award. BWT argues that the VA: (1) conducted an improper best-value trade-off analysis; (2) arbitrarily evaluated the successful awardee’s proposal; (3) breached the implied duty to consider contract proposals fairly and honestly; and (4) improperly used an OCI waiver to permit award. (ECF 27 at 26-37.)
The defendant and GoldPath argue that the timing of the VA’s OCI-waiver request did not violate the FAR, and that BWT’s other arguments amount to nothing more than disagreement with the VA’s evaluation of the respective offers.
Discussion
The VA would evaluate offers based on three factors: Technical, Past Performance, and Price. (AR 617-18.) The technical factor consisted of three subfactors: Transition-In Approach, Technical Capability, and Sample Task Order. (Id.) The RFP noted that the award would be made to the responsible offeror whose offer would be most advantageous to the government. (AR 435.) The contracting officer would conduct a best-value trade-off analysis under FAR Part 15 to determine the awardee. (AR 436.) The best-value trade-off would allow “the Government to select other than the lowest priced proposal or other than the highest technically rated proposal.” (AR 618.) In addition, under FAR Part 15, “[t]he evaluation factors and significant subfactors that apply to an acquisition and their relative importance, are within the broad discretion of agency acquisition officials.” FAR 15.304(c).
The VA noted that technical was significantly more important than past performance, and past performance was significantly more important than …
Decision
BWT fails to show that the OCI-waiver request reflects that the contracting officer had preselected GoldPath before conducting the best-value trade-off. The administrative record otherwise is sufficient to support the VA’s determinations and its award decision. Accordingly, BWT’s motion for judgment on the administrative record is denied, and the cross-motions of the defendant and defendant-intervenor for judgment on the administrative record are granted.
Related Data
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