Decision released in protest denial of NGA professional administrative support services requirement

DIGEST

1. Protest challenging the evaluation of an awardee’s technical proposal as noncompliant with the terms of the solicitation is denied; based on the terms of the solicitation, the agency reasonably considered the awardee’s proposed level of premium pay because the discussion of premium pay did not include actual labor rates.
2. Protests challenging the evaluation of proposals under the technical/management factor are denied where the evaluation was conducted reasonably and in accordance with the terms of the solicitation.
3. Protest challenging the evaluation of proposals under the past performance factor is denied where the evaluation was conducted reasonably and in accordance with the terms of the solicitation.
4. Protest challenging the agency’s affirmative determinations of responsibility is dismissed in part as raising an issue not for GAO’s consideration, and in part as untimely.

DISCUSSION

The protesters challenge this procurement in a number of ways.  Zolon PCS II and Polaris challenge the agency’s technical evaluation of proposals.  Zolon PCS II also challenges the agency’s past performance evaluation and the contracting officer’s affirmative determinations of responsibility.  As discussed below, we do not find a basis to sustain the protests.5  The evaluation of an offeror’s technical proposal is a matter within the agency’s broad discretion.  Textron Sys. Corp., B-420711, B-420711.2, Aug. 1, 2022, 2022 CPD ¶ 207 at 4.  Our Office will not substitute our judgment for that of the agency; rather, we will examine the record to determine whether the agency’s judgments were reasonable and consistent with the stated evaluation criteria and applicable procurement statutes and regulations.  Id.  A protester’s disagreement with the agency’s judgment–without more–does not establish that the evaluation was unreasonable.  Jacobs Tech., Inc., B-411784, B-411784.2, Oct. 21, 2015 2015 CPD ¶ 342 at 6.  It is a fundamental principle of government procurement that agencies must treat offerors equally, which means, among other things, that they must evaluate proposals in an even-handed manner.  Textron Sys. Corp., supra at 7; OnPoint Consulting, Inc., B-417397.3 et al., Oct. 3, 2019, 2019 CPD ¶ 332 at 6.  Where a protester alleges unequal treatment in an evaluation, it must show that the differences in ratings did not stem from differences in the proposals.  OnPoint Consulting, Inc., supra at 8-9 (denying allegation of disparate treatment where, although the protester was able to show some similarities in proposed approaches, it was unable to show that its approach was similar to all aspects of the awardee’s approach for which the awardee earned a strength)…

DECISION

Zolon PCS II, LLC, a mentor-protégé joint venture small business1 of Ashburn, Virginia, and Polaris Consulting Group, Inc. (Polaris), a small business of Alexandria, Virginia, protest the award of contracts to Bailey Information Technology Consultants, LLC (Bailey), a small business of Stafford, Virginia, and LMR Technical Group LLC (LMR), a small business of Fort Walton Beach, Florida.  The awards were made by the National Geospatial-Intelligence Agency (NGA) under request for proposals (RFP) No. HM0476-21-R-0010, for professional administrative support services.  The protesters raise a number of challenges to the agency’s evaluation and award decisions.  We deny the protests.

See the decision here.

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