LaRosa, IEI, One Source, and RERS assert that the agency engaged
in disparate treatment because it provided competitively useful
information to BLB during that company’s earlier preaward
debriefing.
With respect to pre-award debriefings, the Federal Acquisition
Regulation (FAR) provides as follows:
(e) At a minimum, pre-award debriefings
shall include:
(1) The agency’s evaluation of significant
elements in the offeror’s proposal;
(2) A summary of the rationale for eliminating the offeror
from the competition . . . .
FAR §15.505(e). The agency’s preaward
debriefing of BLB was consistent with these requirements. The
agency explained to BLB that it was primarily eliminated from
the competitive range based on its non-competitive price. It
also provided BLB its evaluated price, its overall ranking based
on its combined technical and price evaluation, and discussed
the evaluation of BLB’s offer. Debriefing Notes, BLB. Further,
consistent with the prohibition in FAR § 15.505(f), the agency
did not provide BLB any detailed information relating to the
remaining competitors. For example, the agency did not advise
BLB of the number of remaining offerors or their identity; the
content of the other proposals; the ranking of the remaining
offerors; or point-by-point comparisons of the debriefed
offeror’s proposal with those of other offerors. Id. In summary,
the agency’s actions during the preaward debriefing were
consistent with the FAR and unobjectionable. Environmental
Quality Management, Inc., B-402123.4, B‑402123.6, Aug 31, 2010,
2012 CPD ¶ 79 at 4. (Asset
Management Real Estate, LLC; Wallin Residential Properties; Winn
Realty & Appraisal, LLC; LaRosa Realty; IEI-CitySide, Joint
Venture; One Source REO; Real Estate Resource Services,
B-407214.5, B-407214.6, B-407214.7, B-407214.8, B-407214.9,
B-407214.10, B-407214.11, B-407214.12,
B-407214.13,B-407214.14,B-407214.15,B-407214.16: Jan 24, 2014)
(pdf)
EQ asserts that the agency improperly provided both awardees
competitively useful information during their pre-award
debriefings, and again during discussions, and therefore also
should have provided it the same information. Specifically, the
protester points out that the awardees were advised during their
initial debriefings that their technical proposals were “fine”
and their proposed prices were high compared to the other firms
in the competition, and were again advised during discussions
that their prices were high. According to the protester, it was
improper for the agency not to have also provided it the same
information that had been provided to the awardees, namely, that
its technical proposal was “fine,” but that its price was high
in comparison to the other two competitive range offerors (Offerors
A and B). The protester concludes that it was improper for the
agency to have advised the awardees of their relative standing
among the offerors from a price and technical standpoint without
also providing it the same information.
EPA’s actions in this regard were unobjectionable. First, there
was nothing improper in the agency’s advising the awardees
during their debriefings that their technical proposals were
“fine” but that their prices were high. The Federal Acquisition
Regulation (FAR) § 15.505(e)(2), expressly contemplates
providing an offeror that has been eliminated from the
competitive range a summary of the rationale for eliminating its
proposal from further consideration, and that is all the agency
did here. In effect, the awardees were advised that while their
proposals contained no significant weaknesses or deficiencies
from a technical standpoint that would warrant their elimination
from the competitive range, their proposals instead had been
eliminated from the competitive range because of their high
prices. Further, consistent with the prohibition in FAR §
15.505(f), the agency did not provide the awardees any detailed
information relating to the remaining competitors. For example,
the agency did not advise the awardees of the number of
remaining offerors or their identity; the content of the other
proposals, including their proposed prices; the ranking of the
remaining offerors; or point-by-point comparisons of the
debriefed offeror’s proposal with those of other offerors. In
summary, the agency’s actions during the preaward debriefings
were unobjectionable. (Environmental
Quality Management, Inc., B-402123.4,B-402123.6, Aug 31,
2010) (pdf) |