Protest Denial Decision: Army Program Management Support for the Arlington National Cemetery Customer Care Support Center

Digest

Protest alleging the terms of the solicitation improperly provide for a lowest-price, technically acceptable source selection process is denied where the solicitation provides for a comparative assessment of past performance.

Discussion

JCS, which is the incumbent contractor, alleges that the solicitation improperly provides for an LTPA source selection process in violation of the FAR and DFARS. Comments at 2. Specifically, JCS contends that the solicitation does not provide for a comparative assessment of proposals. For reasons discussed below, we deny the protest.

Our Office has stated consistently that the contracting agency has the primary responsibility for determining its needs and the best method of accommodating them. Sterisyn, Inc., B‑418366 et al., Apr. 1, 2020, 2020 CPD ¶ 114 at 7. Thus, it is the protester’s obligation to establish the solicitation violated applicable procurement laws or regulation.

Here, JCS contends that the solicitation sets forth an LPTA source selection process in violation of DFARS section 215.101-2-70(a)(1).[7] Protest at 14. The agency responds that the solicitation does not provide for an LPTA source selection process as it requires a comparative assessment of past performance. COS/MOL at 13. According to the agency, the assignment of a confidence rating based on the recency and relevancy of past performance references is, by definition, a comparative assessment because it does not use a pass/fail rating system. Id. at 15. JCS disputes this interpretation, arguing that the agency’s use of a confidence rating scale is only a qualitative assessment, not a comparative assessment …

Decision

JCS Solutions, LLC, an 8(a) small business of Fairfax, Virginia, protests the terms of request for proposals (RFP) No. W519TC-23-R-0111, issued by the Department of the Army, for program management support for the Arlington National Cemetery customer care support center. The protester contends that the solicitation improperly provides for a lowest-price, technically acceptable (LPTA) source selection process in violation of the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS).

We deny the protest.

Read the decision here.

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