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Protest challenging the evaluation or proposals is denied. The protester objected to weaknesses assessed to its proposals. GAO found no error. The agency had notified the protester of these weaknesses during discussions, but the protester had not addressed them in its final proposal revisions. The protester could not now complain about the weaknesses in a protest.

Background

The Navy issued an RFP for operation and management of the agency’s electronics manufacturing center. The Navy received proposals from ACI Technologies and Pennsylvania State University (PSU). The Navy awarded the contract to PSU, finding that ACI’s proposal was not worth the price premium

Legal Analysis

  • ACI Failed to Address Concerns Raised During Discussions – ACI objected to weaknesses assessed to its proposal. But GAO found ACI’s complaints meritless. The Navy had explicitly advised ACI about these weaknesses during discussions. ACI’s proposal revisions failed to address those concerns.
  • Past Performance Evaluation Was Reasonable – ACI alleged the Navy erred in finding ACI’s and PSU’s past performance equal. ACI contended that as the incumbent it should have received a higher past performance rating. Not so, said GAO. The Navy reasonably considered one of PSU’s contracts to be nearly identical in size, scope, and complexity to ACI’s incumbent contract.
  • ACI Was Not Prejudiced by a Cost/Price Adjustment – During the evaluation the Navy adjusted ACI’s cost to reflect a change DCAA made to the company’s provisional billing rates. ACI maintained the rate change was an aberration due to the pandemic and the Navy should have sought clarification before making an adjustment. But even if the Navy had erred in making the adjustment, ACI had not been prejudiced. Even without the adjustment, PSU had a superior, lower-priced proposal.

ACI is represented by Jonathan D. Shaffer, Edmund M. Amorosi, and Jonathan Keller of Smith Pachter McWhorter PLC. The intervenor, Pennsylvania State University, is represented by Robert Charles Rutherford.. The agency is represented by Stephanie J. Quade and Adam A. Orr of the Navy. GAO attorneys Glenn G. Wolcott and Christina Sklarew participated in the preparation of the decision.