The protester challenged the agency's evaluation of its proposal as unacceptable under specified experience criteria. The protester contended that its alternate program manager met the relevant experience requirements. The agency defended its decision based on an evaluation that deemed the protester's experience references insufficient. GAO sided with the agency. The evaluation criteria clearly specified six required elements. The protester's proposal failed to demonstrate all six of them.
Ecolog Deutschland GmbH, GAO B-423548
- Background - Ecolog Deutschland GmbH challengedthe award of a contract to Fluor Intercontinental Germany GmbH, issued by the Department of the Army for logistics support services in Bavaria, Germany. The agency evaluated proposals based on technical merit and price. It concluded that Ecolog's proposal was technically unacceptable due to lacking relevant experience for its proposed alternate program manager.
- Technical Evaluation - The protester argued that its alternate program manager had acceptable experience that met the requirements of the RFP. Nonetheless, GAO noted that the evaluation criteria specified that relevant experience must demonstrate all six required elements. The agency found the protester's submissions demonstrated supply contract experiences rather than the logistics services specified in the solicitation. GAO concluded that the evaluation was reasonable and aligned with the RFP guidelines.
- Price Reasonableness - Ecolog contended that the awarded contract was priced unreasonably high compared to its own proposal. The agency countered that it performed a valid price reasonableness assessment. This was evidenced because the awardee's price was significantly below the government estimate and within the range of competitive proposals. GAO determined that the agency's price analysis was compliant with procurement regulations and effectively justified the awarded price, dismissing the protester's claims on this issue.
The protester is represented by James M. White, Esq. of Marshall & White, PLLC. The intervenor, Fluor Intercontinental Germany GmbH, is represented by Kara L. Daniels, Esq., and Nicole A. Williamson, Esq. of Arnold & Porter Kaye Scholer LLP. The government is represented by Robert B. Neill, Esq., Lieutenant Colonel Anthony V. Lenze, Lieutenant Colonel Peter DiPaola, Shelley M. O’Hara, Esq., and Major Joshua B. Fix of the Department of the Army. GAO attorneys Paul N. Wengert, Esq., and Tania Calhoun, Esq., participated in the decision.