With respect to
the evaluation of price under the first tier competition, the
RFP provided a pricing matrix that identified systems and
modular furniture for which offerors were to submit
not-to-exceed prices. The RFP stated that an offeror’s overall
evaluated price would be the sum of its not-to-exceed furniture
prices and the CLIN prices for the annual program management
reviews. RFP amend. 6, at 17-20; RFP, attach. 10, Pricing
Matrix. (sections
deleted)
The protester also complains that
the RFP fails to provide for meaningful consideration of price
in the award of the first tier contracts, because the price
evaluation is based upon not-to-exceed furniture prices where
furniture is not being procured under the first tier contracts.
In this regard, Herman Miller states that the RFP does not
provide for meaningful consideration of offerors’ prices for the
annual program management reviews and data reporting that is
being procured under these contracts.
Agencies must consider price or cost to the government in
evaluating competitive proposals. 10 U.S.C. § 2305(a)(3)(ii)
(2006). While it is up to the agency to decide upon some
appropriate, reasonable method for proposal evaluation, an
agency must use an evaluation method that provides a basis for a
reasonable assessment of the cost of performance under the
competing proposals. CW Gov’t Travel, Inc.-Recon.; CW Gov’t
Travel, Inc., et al., B-295530.2 et al., July 25, 2005, 2005 CPD
¶ 139 at 4; Health Servs. Int’l, Inc.; Apex Envt’l, Inc.,
B-247433, B-247433.2, June 5, 1992, 92-1 CPD ¶ 493 at 3-4.
We find that the solicitation does provide for meaningful
consideration of price. Contrary to Herman Miller’s arguments,
the first tier contracts will be for more than obtaining annual
program management reviews and data reporting. Rather, these
contracts also provide for promised not-to-exceed prices that
will be relied upon by the manufacturer’s dealers in the second
tier competitions. Although Herman Miller contends that such an
acquisition approach should not be permitted, it cites to no law
or regulation violated by this approach. In this regard, the FAR
expressly recognizes that “if a specific strategy, practice,
policy or procedure is in the best interests of the Government
and is not addressed in the FAR, nor prohibited by law (statute
or case law), Executive Order or other regulation, that the
strategy, practice, policy or procedure is a permissible
exercise of authority.” FAR § 1.102(d). (Herman
Miller, Inc., B-407028, Oct 19, 2012) (pdf)
IMSG broadly
challenges the agency's price evaluation, complaining that NOAA
failed to consider the realism of the firms' proposed hourly
labor rates. In this regard, IMSG disputes NOAA's determination
that IMSG's proposed labor rates were unrealistically low such
that the firm would have difficulty retaining quality staff.
IMSG contends that, if NOAA had evaluated the realism of IMSG's
proposed hourly labor rates, the agency would have found that
IMSG's total price for the sample tasks was low, not due to the
hourly rates used, but because IMSG had a $400,000 clerical
error in the second sample task. See Protester's Supp. Comments
at 12-13.
IMSG also complains that NOAA's simple comparison of the
awardees' total prices for the sample tasks did not reasonably
assess the realism of those firms' loaded hourly rates. IMSG
argues that the awardees all proposed unexplained discounts from
their proposed ceiling rates and that NOAA did not evaluate the
realism of the firms' proposed labor rates as discounted.
Protester's Comments at 6-7. In particular, IMSG argues that
RTI's sample task pricing reflected drastic discounts from the
firm's ceiling rates. For example, IMSG contends that RTI's
$[deleted] million price for the second sample task would be
approximately $[deleted] million, if RTI's price were based on
its ceiling rates. See Supp. Comments, at 10 n. 30.
NOAA agrees that the RFP provided for a price realism analysis,
which it states was for the purpose of determining "whether the
price estimate is significantly higher or lower than the IGCE
and if the contractor understands the work that needs to be
accomplished." AR at 15; see also CO's Statement at 4. The
agency contends that it reasonably found IMSG's sample tasks
price to be unrealistic because it was much lower than the IGCE.
AR at 16. NOAA also contends that the sum of IMSG's loaded
hourly rates (ceiling rates) for the 40 labor categories is much
lower than the other offerors, which NOAA contends also shows
that IMSG's price was unrealistically low. CO's Statement at 5.
With respect to the agency's realism analysis of the awardees'
proposed prices and rates, NOAA does not contend that it
assessed the realism of the awardees' ceiling rates or the labor
rates used in the sample task pricing, but states that the
agency found the awardees' price proposals to be fair and
reasonable. Supp. AR at 9. In this regard, the agency notes that
the actual rates to be paid under future task orders will be
established through competition for the task orders and that the
agency expects that the awardees would offer price discounts.
Id.
The Competition in Contracting Act of 1984 (CICA) requires
contracting agencies to include cost or price as a factor that
must be considered in the evaluation of proposals. 41 U.S.C.
sect. 253a(c)(1)(B) (2006); Electronic Design, Inc., B-279662.2
et al., Aug. 31, 1998, 98-2 CPD para. 69 at 8; see Federal
Acquisition Regulation (FAR) sections 15.304(c)(1),
15.305(a)(1). An evaluation and source selection that fail to
give meaningful consideration to cost or price is inconsistent
with CICA and cannot serve as a reasonable basis for award. The
MIL Corp.. B-294836, Dec. 30, 2004, 2005 CPD para. 29 at 9. It
is up to the agency to decide upon the appropriate method for
evaluation of cost or price in a given procurement, although the
agency must use an evaluation method that provides a basis for a
reasonable assessment of the cost of performance under the
competing proposals. S.J. Thomas Co., Inc., B-283192, Oct. 20,
1999, 99-2 CPD para. 73 at 3.
Here, the record shows that NOAA did not assess the realism of
the firms' hourly labor rates, as required by the RFP. See RFP
sect. M.3. Rather, the record shows that the agency's price
evaluation was driven by a mechanical comparison to the IGCE of
the offerors' proposed prices for the sample tasks, without any
consideration of the realism of the rates used in the sample
task pricing.
Realism of IMSG's Labor Rates
As noted above, NOAA concluded that IMSG's proposed price for
the sample tasks, which was [deleted] percent less than the IGCE
for those tasks, was unrealistically low and that, as a result,
there was a risk that IMSG would not be able to retain quality
staff at its proposed ceiling rates. See AR, Tab 15, Source
Selection Decision, at 7. This judgment, however, was not based
upon IMSG's proposed loaded hourly labor rates. As required by
the RFP, IMSG provided cost information for its loaded labor
rates (as did the other offerors) that, for each labor category,
identified a wage rate, indirect costs rate, and profit. IMSG
explained in its price proposal that the wage/salary rate for
each labor category reflected a "[deleted]" wage/salary for that
category, based upon such wage rates as those of [deleted].
Protester's Price Proposal, Cost Proposal Methodology and Bases
of Assumption, at 1.
The record does not show that IMSG's labor rates for the labor
categories included in the sample tasks were significantly lower
than the rates contained in the IGCE. In fact, with respect to
sample task two (the largest of the sample tasks), IMSG's total
price (based upon its year-1 loaded ceiling rates) would appear
to be $[deleted], compared to the government's estimate of
$[deleted] for this task. In this regard, it is unrebutted in
the record that IMSG made a mathematical error in adding its
proposed rates, resulting in a sum that was approximately
$400,000 lower than the actual sum of the listed rates. Even
applying the agency's simple analysis of comparing the firms'
total proposed price for the sample tasks to the IGCE, IMSG's
total proposed price, if corrected for the mathematical error,
would have been within [deleted] percent of the IGCE.
Here, the RFP provided for a realism evaluation of the firms'
proposed loaded labor rates and requested cost information that
would allow for such an analysis. NOAA did not perform such an
analysis of IMSG's price or rates. That is, in determining that
IMSG's price was unrealistically low, such that the firm may not
be able to retain quality staff, NOAA did not assess whether
IMSG's labor rates were too low, but simply assumed that this
was the case without analysis. In this regard, the agency did
not evaluate the wage rates that IMSG identified for each labor
category or consider IMSG's explanation in its price proposal
for how it calculated those rates. In the absence of such an
analysis, we cannot say that the agency's conclusion that IMSG's
price was unrealistically low was supported by the record.
Realism of Awardees' Labor Rates
We also find that NOAA failed to reasonably assess the realism
of the awardees' proposed loaded labor rates.
As described above, the RFP established an evaluation scheme
under which the agency would consider the sum of the offerors'
ceiling rates over the five-year contract period and the sum of
their prices for the four sample tasks. Although the RFP also
provided for adding these two sums together, as the agency
recognized, the sum of the ceiling rates was insignificant in
comparison to the sum of the sample task pricing. See Supp. CO's
Statement at 10. The record shows that NOAA's judgments
concerning the realism and reasonableness of the offerors'
proposed prices were determined by the offerors' sample task
pricing.
Here, all the awardees' sample task pricing was based upon the
use of discounted labor rates. RTI's proposed prices for the
sample tasks were, in particular, based upon labor rates that
were substantially discounted from the firm's ceiling rates. For
example, under sample task two, RTI identifies its ceiling rate
for a scientific analyst III as $[deleted] but the discount rate
it applied for this labor category is $[deleted]. According to
RTI's price proposal, the firm's price for sample task two based
upon its ceiling rates is $[deleted] million as compared to
$[deleted] million for its price based upon its discounted
rates. See RTI's price proposal at 15.
The record shows that NOAA did not assess the realism of the
discounted labor rates, although the firms' proposed sample task
pricing was based upon those rates. This is particularly
troubling here, where NOAA's judgment concerning the realism and
reasonableness of the offerors' proposed prices was based only
upon a mechanical comparison of the firms' sample task prices to
the IGCE. While it is up to the agency to decide upon some
appropriate and reasonable method for the evaluation of offerors'
proposed prices, an agency may not use an evaluation method that
produces a misleading result. R&G Food Serv., Inc., d/b/a
Port-a-Pit Catering, B‑296435.4 et al., Sept. 15, 2005, 2005 CPD
para. 194 at 4. The method chosen must also include some
reasonable basis for evaluating or comparing the relative costs
of proposals, so as to establish whether one offeror's proposal
would be more or less costly than another's. Id.; see FAR sect.
15.405(b) ("the contracting officer's primary concern is the
overall price the government will actually pay").
In the absence of any analysis of the realism of the awardees'
discounted rates, we have no basis to find reasonable the
agency's conclusion that the awardees' sample task pricing was
realistic and reasonable. In this regard, we disagree with NOAA
that the agency need not be concerned with the realism of the
offerors' loaded labor rates, because "any and all task orders
to be issued under this contract will be subject to fair
opportunity competition among the awardees." See Supp. Legal
Memorandum at 22. Contrary to NOAA's apparent belief, there is
no exception to the requirement set forth in CICA that cost or
price to the government be considered in selecting proposals for
award because the selected awardees will be provided the
opportunity to compete for task orders under the awarded
contract. (I.M. Systems Group,
B-404583; B-404583.2; B-404583.3, February 25, 2011) (pdf)
With respect to
Coastal's challenge that the agency failed to perform a proper
best value determination, however, we sustain the protest. In
this regard, the protester argues that the agency did not
consider the significant price advantage associated with its
technically acceptable, low risk proposal. Based on our review
of the selection decision, we agree.
In a "best value" procurement, it is the function of the source
selection authority to perform a tradeoff between price and
non-price factors, that is, to determine whether one proposal's
superiority under the non-price factor is worth a higher price.
Even where, as here, price is stated to be of less importance
than the non-price factors, an agency must meaningfully consider
cost or price to the government in making its selection
decision. e-LYNXX Corp., B-292761, Dec. 3, 2003, 2003 CPD para.
219 at 7. Specifically, before an agency can select a
higher-priced proposal that has been rated technically superior
to a lower-priced but acceptable one, the award decision must be
supported by a rational explanation of why the higher-rated
proposal is, in fact, superior, and explaining why its technical
superiority warrants paying a price premium. ACCESS Sys., Inc.,
B-400623.3, Mar. 4, 2009, 2009 CPD para. 56 at 7.
Here, the record shows that the SSA impermissibly limited her
price/technical tradeoff analysis to a comparison of the two
highest-rated, highest-priced proposals without any qualitative
assessment of the technical differences between these two
proposals and any of the other technically acceptable
proposals--such as Coastal's--to determine whether either of
these proposals contained features that would justify the
payment of a price premium. In addition, our review shows that
the two higher-rated, higher-priced proposals considered in the
tradeoff both received overall adjectival ratings of good and
low risk, while Coastal's proposal received the next lowest
rating of acceptable and low risk, and is priced approximately
20 percent lower. A proper tradeoff decision must provide a
rational explanation of why a proposal's evaluated technical
superiority warrants paying a premium. Federal Acquisition
Regulation sect. 15.308 (The source selection "documentation
shall include the rationale for any business judgments and
tradeoffs made or relied on by the SSA, including benefits
associated with additional costs."); See ACCESS, Sys., Inc.,
supra. Here, the SSA did not identify what benefits in ECC's
proposal warranted paying a premium to ECC when compared to
Coastal's lower-priced proposal which was found to be acceptable
and low risk. (Coastal
Environments, Inc., B-401889, December 18, 2009) (pdf)
With
respect to the merits of Access’s protest, the Marine Corps
contends that it gave due consideration to the firms’ evaluated
prices in determining that Avineon’s quotation reflected the
best value to the government. As explained below, we find that
the record does not establish that the agency meaningfully
considered Access’s lower evaluated price in the agency’s
cost/technical tradeoff analysis and sustain Access’s protest on
this basis.
In reviewing protests of an agency’s evaluation and source
selection decision, even in a task order competition as here, we
do not reevaluate proposals but examine the record to determine
whether the evaluation and source selection decision are
reasonable and consistent with the solicitation’s evaluation
criteria and applicable procurement laws and regulations. See
Triple Canopy, Inc., B--310566.4, Oct. 30, 2008, 2008 CPD para.
207 at 6-7; Abt Assocs., Inc., B-237060.2, Feb. 26, 1990, 90-1
CPD para. 223 at 4. Where, as here, an agency selects a
higher-priced solution that has been rated technically superior
to a lower-priced one, the award decision must be supported by a
rational explanation demonstrating that the higher-rated one is
in fact superior, and explaining why its technical superiority
warrants the additional cost. e-LYNXX Corp., B-292761, Dec. 3,
2003, 2003 CPD para. 219 at 7. Such judgments are by their
nature often subjective; nevertheless, the exercise of these
evaluation judgments must be reasonable and bear a rational
relationship to the announced criteria upon which competing
offers are to be selected. Hydraudyne Sys. and Eng’g B.V.,
B-241236; B-241236.2, Jan. 30, 1991, 91‑1 CPD para. 88 at 4. In
order for us to review an agency’s evaluation judgment, the
agency must have adequate documentation to support its judgment.
See Southwest Marine, Inc.; American Sys. Eng’g Corp., supra, at
10; see also e-LYNXX Corp., supra, at 8 (it is a fundamental
principle of government accountability, even when using
simplified acquisition procedures, that an agency be able to
produce a sufficient record to allow for a meaningful review
where its procurement actions are challenged).
Here, the contemporaneous evaluation record shows that the
agency qualitatively evaluated the firms’ technical quotations,
and based upon that evaluation identified differing technical
strengths. While the firms’ technical quotations received
identical adjectival and risk ratings, the agency appropriately
looked beyond the adjectival ratings to consider the
significance of the firms’ differing evaluated technical
strengths. See Citywide Managing Servs. of Port Washington,
Inc., B-281287.12, B‑281287.13, Nov. 15, 2000, 2001 CPD para. 6
at 11 (ratings, be they numerical, color or adjectival, are
merely guides for intelligent decision-making in the procurement
process).
Although the record shows that the agency’s evaluators
considered the technical merit of the two firms’ respective
quotations, the contemporaneous record, as further explained by
the agency in its response to the protest, did not demonstrate
meaningful consideration of Access’s lower evaluated price. That
is, the BVADM1,
which is the only contemporaneous documentation of the
agency’s cost/technical tradeoff analysis, does not provide an
explanation of why the evaluated technical superiority of
Avineon’s quotation warrants its additional cost. Rather, to the
extent that Access’s lower evaluated price is addressed at all
in the BVADM, the firm’s price advantage appears to be viewed as
a technical disadvantage, based upon assumptions regarding the
effect that Access’s lower labor billing rates would have on the
firm’s ability to retain staff.
Because the contemporaneous record, as explained by the agency,
did not provide us with a basis to review the reasonableness of
the agency’s cost/technical tradeoff analysis, we conducted a
hearing to receive the testimony of the SSA and SSEB chair. That
testimony, however, shows that neither witness accorded much
weight, if any, to Access’s [deleted] price advantage, nor could
the SSA explain what evaluated strengths in Avineon’s quotation
justified the payment of this price premium.
Specifically, at the hearing, the SSA was asked how she would
characterize the [deleted] difference in price, to which she
replied “Insignificant” and “Not significant.” Tr. at 176. She
further explained:
Q. What weight did you give to the price?
A. We did not weight price.
Q. And that would be --
A. Because technical was significantly more important than
price and we weren’t looking at price realism.
Tr. at 176-77. When asked by the hearing official whether
she had credited Access for the firm’s price advantage in making
her cost/technical tradeoff judgment, the SSA testified:
No. We discussed whether [the SSEB chairman] wanted to
keep the same, you know, status quo. He’s been doing it a long
time with them and he was very comfortable with it. But again,
pricing, it wasn’t a weight, so I didn’t really - of course,
we talked about technically - we were doing a best value, we
weren’t doing a technically acceptable low price.
Tr. at 198-99.
Similarly, the SSEB chair testified, in response to the hearing
official’s inquiry as to what extent he considered price in
preparing the SSEB’s selection recommendation, that “I think
from our standpoint, the cost was not a big determinant. It was
just another data point in many data points that we had,” Tr. at
55, and that “I hate to say it, [the price differential] did not
have a very large impact on our decision . . . .” Tr. at 56-57.
When asked whether he had considered Avineon’s price premium in
making his recommendation, the SSEB chair replied:
The price was discussed. Contracts, from what I remember,
their statements were you don’t have to jump to the lowest
price/technically acceptable proposal. This is not
[lowest-price, technically acceptable] procurement. This is a
best value procurement. It may look like a lot of money, that
[deleted] figure, but it’s a five-year contract. That’s a long
period of time.
Tr. at 77-78.
In short, the testimony of the agency’s witnesses did not
demonstrate meaningful consideration of Access’s price advantage
in the selection decision. Moreover, the agency in its
post-hearing comments repeatedly argued that Access’s [deleted]
lower price did not reflect a price advantage. See, e.g.,
Agency’s Post-Hearing Comments at 24 (“Protester has continually
asserted that its lower price represented a ‘pricing advantage,’
apparently simply due to the fact that it was lower.”).
Similarly, the agency argues as follows:
Accordingly, while agencies must consider an offeror’s
price, a lower price is not a price advantage if the agency
does not consider it to result in the greatest overall
benefit. While [Access] could, for its lower price, perform
its proposal, in that its proposal was deemed less beneficial,
no price advantage existed.
Id. Even in a competition where price is of less
importance than the non-price factors, an agency must
meaningfully consider cost or price in making its selection
decision. See S.J. Thomas Co., Inc., B-283192, Oct. 20, 1999,
99-2 CPD para. 73 at 3. Although the cost/technical tradeoff
process allows an agency to accept other than the lowest-priced
submission in such a competition, the perceived benefit of the
higher-priced alternative must merit the additional price. See
e-LYNXX Corp., supra, at 7. In other words, one firm’s technical
advantage must be determined to outweigh the other firm’s price
advantage.
Here, the SSA was unable to recall with any specificity the
relative technical merit of the firms’ quotations that would
justify the payment of the price premium associated with
Avineon’s quotation. The SSA testified that she was “not a
technical person,” and “[knew] nothing about IT,” and had not
“read a proposal from beginning to end.” See, e.g.,Tr. at 153,
201. When asked to explain her assertion that she had made her
“own independent determination to accept [the SSEB’s
recommendation],” the SSA testified, that “[w]hen we talked
about this, I knew--I was very clear in what [the SSEB chair]
was saying and what he meant. And I--once he laid it out, I saw
where he was coming from and he was able to convince me that
this was the best thing for the Marine Corps.” Tr. at 201-02.
Despite this assertion that at the time she made the selection
decision she understood why the SSEB chair believed that
Avineon’s quotation was superior to Access’s, the SSA was unable
at the hearing to explain why Avineon’s evaluated strengths
indicated that firm’s technical superiority. Under the
circumstances, we have no basis to find reasonable the SSA’s
cost/technical tradeoff analysis (even assuming that price had
been meaningfully considered).
The protest is sustained.
We recommend that the agency perform and document a new
cost/technical tradeoff analysis that meaningfully considers
Access’s price advantage. If Avineon’s quotation is not found to
reflect the best value to the government, the agency should
terminate Avineon’s task order. We also recommend that Access be
reimbursed its costs of filing and pursuing its protest,
including reasonable attorneys’ fees. 4 C.F.R. sect. 21.8(d)(1).
The protester’s certified claims for such costs, detailing the
time expended and costs incurred, must be submitted directly to
the agency within 60 days of receiving this decision. 4 C.F.R.
sect. 21.8(f)(1). (ACCESS
Systems, Inc., B-400623.3, March 4, 2009) (pdf)
——————————————————————
1 Best Value Award Decision
Memorandum (Return)
Instead of documenting a reasonable basis for the
tradeoffs that the agency made in preferring the awardees'
proposals to MIL's, the record indicates that the agency
mechanically made award to all Tier II proposals that
received "blue" ratings for two nonprice factors, and
declined to make award to any Tier II proposal that did
not receive a "blue" rating for those nonprice factors.
This mechanical approach failed to make a qualitative
assessment of the technical differences among the
competing proposals to determine whether the perceived
technical superiority of those proposals receiving "blue"
ratings for all nonprice factors justified paying the
evaluated price premium associated with those proposals
that did not receive a "blue" price rating. See Opti-Lite
Optical , B-281693, 99-1 CPD 61 at 4. In particular,
neither in the contemporaneous record nor during the
protest proceeding has the agency offered any plausible
reason for finding that MIL's lack of what the agency
deemed to be relevant awards--the sole basis for MIL's
proposal not receiving a "blue" overall rating--justified
the agency's selection of proposals offering significantly
above-average prices (earning "yellow" price ratings),
rather than the below-average prices offered by MIL. This
brings us to the weight that the agency gave to price in
the source selection process. The source selection
statement provides that "[w]hile price was a
consideration, it was not a major one" in determining
which proposals should receive award. AR, Tab 11, Source
Selection Statement, at 10. The source selection statement
explains that as a general matter "each task order will be
competed under the COMMITS Fair Opportunity competitive
procedures," and because of this, "pricing becomes most
important at the task order level where the Fair
Opportunity' competitive procedures come into play." Id.
at 11. The selection statement continues by stating that
"[i]t is within this context that the role of the pricing
factor is apparent," concluding here that "[p]rice must be
examined to ensure reasonableness among all companies in
contention for award." Id. In our view, the record in this
case, particularly the source selection statement,
demonstrates that the agency has failed to comply with the
regulatory and statutory requirement that contracting
agencies give cost or price meaningful consideration in
source selections. Contrary to Commerce's apparent belief,
there is no exception to the requirement set forth in CICA
that cost or price to the government be considered in
selecting proposals for award because the selected
awardees will be provided the opportunity to compete for
task orders under the awarded contract. Specifically, the
Federal Acquisition Streamlining Act of 1994 (FASA), 41
U.S.C. 253h - 253k, which codified existing authority to
award task and delivery order contracts, does not provide
any exception to CICA's requirement that cost or price be
considered. Here, in performing its source
selection, the agency minimized the potential impact of
price because of the "context" of the procurement and
effectively made price meaningless as a comparative
evaluation factor. Specifically, as indicated above, the
source selection statement reflects the agency's view that
the evaluation of pricing, although very important in the
award of individual task orders, was limited in selecting
proposals for award under the solicitation to a pass/fail
review to ensure that the prices proposed were reasonable
and realistic. At some point, the agency apparently
decided to abandon the price evaluation scheme set out in
the RFP; in this regard, we note that the source selection
statement at one point declares that "hourly rates [the
pricing framework requested of offerors by the RFP] used
as a comparison are not meaningful in the competitive,
solutions[-]based fair opportunity environment for task
order awards." AR, Tab 11, Source Selection Statement, at
14. In failing to consider the differences among the
offerors' proposed pricing--notwithstanding the agency's
evaluation and color-rating of those differences--the
agency abandoned the RFP's evaluation scheme and violated
the legal requirement that price be given meaningful
consideration as an evaluation factor for award. The
protest is sustained. (The MIL
Corporation, B-294836, December 30, 2004) (pdf)
Next, there is no evidence in the contemporaneous record
that the contracting officer performed a proper
price/technical trade-off--or, for that matter, even
considered offerors’ prices--prior to selecting Topaz for
award. There is no evaluation of offerors’ prices--on
either an individual or comparative basis--in any of the
source selection documentation. This is contrary to the
requirement that price be considered in every source
selection decision, 41 U.S.C. § 253a(c)(1)(B) (2002);
Federal Acquisition Regulation (FAR) § 15.304(c)(1), and
the requirement that a source selection decision be based
on a comparative assessment of proposals against all
source selection criteria in the solicitation and that it
be documented. FAR § 15.308; Beacon Auto Parts, B-287483,
June 13, 2001, 2001 CPD ¶ 116 at 7. (Locus
Technology, Inc., B-293012, January 16, 2004) (pdf)
Cost or
price to the government must be included in every RFP as
an evaluation factor, and agencies must consider cost or
price to the government in evaluating competitive
proposals. 41 U. S. C. sect. 253a( c)( 1)( B) (1994);
FAR sect.15.304( c)( 1); Kathpal Techs., Inc.; Computer
& Hi- Tech Management, Inc., B- 283137.3 et al.,
Dec. 30, 1999, 2000 CPD para. 6 at 9. This requirement
means that an agency may not exclude a technically
acceptable proposal from the competitive range without
taking into account the relative cost of that proposal
to the government. Columbia Research Corp., B- 284157,
Feb. 28, 2000, 2000 CPD para. ___; Kathpal Techs., Inc.;
Computer & Hi- Tech Management, Inc., supra. Here,
the agency did not consider the relative cost of
Meridian's proposal in deciding to exclude it from the
competitive range; Meridian's proposal was eliminated
solely because its E/ PP score [deleted] was below the
cut- off score of [deleted]. The agency gave no
consideration to the fact that Meridian's price
[deleted] was considerably lower than that of one of the
competitive range offerors whose technical score, while
above the [deleted] cut- off, nevertheless was very
close to Meridian's score (i. e., offeror G, with a
technical score of [deleted] and a price of [deleted]).
(Meridian
Management Corporation, B-285127, July 19,
2000) (.pdf)
While it is up to the
contracting agency to decide upon the appropriate method
for evaluation of cost or price in each procurement, an
agency must use an evaluation method that provides a
basis for a reasonable assessment of the cost of
performance under the competing proposals. See Health
Servs. Int'l, Inc.; Apex Envtl., Inc., B-247433,
B-247433.2, June 5, 1992, 92-1 CPD para. 493 at 4; KISS
Eng'g Corp., B-221356, May 2, 1986, 86-1 CPD para. 425
at 4. Here, we conclude that GSA's methodology provides
no reasonable basis to compare the cost of the competing
proposals. (S.
J. Thomas Co., Inc., B-283192, October 20, 1999)
The Forest Service's
narrowing of the competitive range on the basis of
experience installing permanent inventory plots without
any consideration of price--and in so doing, excluding
Possehn's lowest-priced proposal--was improper unless
the excluded proposals were found to be technically
unacceptable. (Possehn
Consulting, B-278579.2, July 29, 1998) |