The protester claimed the agency disparately evaluated proposals. It argued it did not receive credit for offering the same benefits as the awardee. GAO denied, finding had no starting point for reviewing the protester’s contention. The protester’s only citation to either proposal did not demonstrate how both proposals were similar.
Tiber Creek Consulting, Inc., GAO B-422925; B-422925.2
- Protest – The Army awarded a task order for services involving the Army Training Requirements and resources System (ATRRS). The protester challenged the weaknesses assigned to its proposal under the technical/management approach subfactor and argued the agency disparately evaluated proposals.
- Technical Evaluation – The technical evaluation team assessed a weakness to the protester based on its conclusion that “one person [was not] capable of performing all the PWS requirements” associated with the Senior Technical Manager Web (STM-W) position. The protester argued the individual would serve a managerial role and that others would share the responsibilities. However, GAO found the assessed weakness reasonable. The protester’s approach required one individual to perform all the duties and responsibilities of the STM-W position.
- Disparate Treatment – The protester challenged the strength assigned to the awardee’s proposal for its notional staffing plan claiming its own proposal offered the same benefits but was not equally credited. GAO noted the protester’s only citation to either proposal was a footnote criticizing the awardee for not identifying certain labor categories. Thus, on its face, the protester failed to identify what aspects of its proposal were indistinguishable from the awardee’s proposal. GAO therefore denied the protest as there was no starting point to entertain the protester’s contention of disparately evaluated proposals.
Devon E. Hewitt, Matthew L. Nicholson, and Danielle, L. Dietrich of Potomac Law Group. The intervenor was represented by Alexander J. Brittin of Brittin Law Group, PLLC; and Mary Pat Buckenmeyer of Dunlap, Bennett & Ludwig PLLC. The agency was represeted by Wade L. Brown and Jody M. Hehr of the Army. Raymond Richards and Peter H. Tran of GAO participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor
