Protest alleging that the agency unreasonably evaluated the protester’s technical approach is denied. The protester argued that the agency should have considered information in its past performance volume when evaluating its technical approach. GAO rejected this argument, reasoning that agencies are not required to consult different proposal volumes to determine a protester’s intent.
The Air Force awarded a contract for professional support services to Flatter Inc. An unsuccessful offeror, Council for Logistics Research, Inc., protested, alleging that the Air Force’s evaluation of its proposal was unreasonable.
CLR contended that it should have received an Outstanding rating under the solicitation’s technical approach factor instead of a Good. The Air Force declined to assign an Outstanding rating because it was concerned that a portion of CLR’s approach lacked concrete detail. CLR argued that the information the Air Force was looking for was actually in its past performance volume and that the agency had unreasonably failed to consider this information.
GAO found no merit in this argument, reasoning that agencies are not required to piece together disparate parts of a proposal to divine the protester’s intent. The Air Force had no obligation to consult CLR’s past performance volume in evaluating its technical approach. Nothing in the solicitation suggested that the Air Force would consider information in another proposal volume when assessing the technical volume. Successful past performance is not a substitute for an adequately written proposal that addresses all of the solicitation’s requirements.
CLR is represented by James A. Hughes of Hughes Law, PLC and Roger V. Abbott of Mayer Brown LLP. The intervenor, Flatter, is represented by Alexander J. Brittin of Brittin Law Group, PLLC and Jonathan D. Shaffer and Mary Pat Buckenmeyer of Smith, Pachter and McWhorter, PLC. The agency is represented by Kyle E. Gilbertson, and Alexis J. Bernstein of the Air Force. GAO attorneys Evan D. Wesser and Edward Goldstein participated in the preparation of the decision.
GAO – Council for Logistics Research