Protest alleging disparate treatment is sustained. The protester alleged the agency credited the awardee for its plan to retain 100% of the incumbent staff but did not credit the protester for a similar plan. GAO agreed with the protester. The protester had stated at least five times in its quotation that it was committed to retaining incumbent. But the agency questioned the protester’s commitment because its quotation had stated it would try to retain “as many personnel as practicable.” GAO found that the agency had irrationally fixated on that phrase. The protester had actually taken the phrase from the PWS. The one use of that phrase was not inconsistent with the protester’s commitment to retain staff.
The Department of Justice issued an RFQ to firms holding the GSA Professional Services Schedule contracts. The RFQ sought various executive, administrative, and professional support services. Several vendors, including Mayvin Inc. and Bennett Aerospace, Inc., submitted quotations. DOJ concluded that Mayvin and Bennett were essentially technically equal and thus Bennett’s slightly lower-price represented the best value. Mayvin protested.
Mayvin alleged that DOJ had disparately evaluated quotations. The agency had credited Bennett with a significant benefit for its plan to retain 100 percent of the qualified incumbent staff. Mayvin alleged that it also planned to retain 100 percent of the incumbent staff and should have thus received the same significant credit.
DOJ argued that while Mayvin had stated that its goal was retain 100 percent of the incumbent staff, its proposal had also stated that the company would try to retain “as many personnel as practicable.” DOJ reasoned that the use of that phrase indicated that Mayvin was not fully committed to retaining all the staff.
GAO found the agency’s reading of Mayvin’s proposal unreasonable. In its proposal Mayvin committed to retaining 100 percent of the qualified incumbents at least five times. While Mayvin used the phrase “as many as practicable,” it had actually taken that phrase from the Performance Work Statement, which stated that the contractor “shall allow as many personnel as practicable to remain on the job.” The use of this single phrase from the PWS was not inconsistent with Mayvin’s plan to retain the incumbent staff.
GAO concluded that Mayvin had been prejudiced by this evaluation error. If DOJ had properly credited Mayvin for its retention plan, its quotation would have been higher rated than Bennett’s, at which point the agency would have to perform a tradeoff to determine if Mayvin’s quote justified its higher price.
Mayvin is represented by Stephanie D. Wilson and Terrance M. O’Connor of Berenzweig Leonard, LLP. Th intervenor, Bennett, is represented by E. Sanderson Hoe and Andrew R. Guy of Covington & Burling, LLP. The agency is represented by Joni M. Gibson of the Department of Justice. GAO attorneys Heather Weiner and Jennifer D. Westfall-McGrail participated in the preparation of the decision.