Protester Thought Agency Had Missed Some Strengths Identified by an Individual Evaluator. GAO Didn’t See It that Way.

The protester claimed the agency failed to recognize strengths identified by an evaluator. GAO noted that while one evaluator had a favorable impression of the protester’s proposal, a single evaluator’s unreconciled impressions are not controlling. That evaluator’s rating was later reconciled with others into a consensus rating. 

ICF Incorporated, LLC, GAO B-422526, B-422526.2 

• Lack of Detail – The protester challenged an award. The protester objected to a weakness for lack of detail in its approach to supporting evolving business needs. The protester claimed the agency overlooked a slide that contained the required detail. But GAO sided with the agency, noting that it did not see how the slide addressed the requirements. 

• Staffing Plan – The protester also objected to a weakness assessed to its staffing plan. The agency found the protester had not provided any information about how it planned to recruit and retain staff. The protester contended its proposal included an extensive discussion of its staffing process. But again, GAO didn’t see how the cited portions of the proposal addressed the agency’s concerns. 

• Additional Strengths – The protester argued the agency failed to recognize strengths identified by one of the evaluators. GAO didn’t think this fact merited additional strengths. To be sure, one of the evaluators had a more favorable impression of the protester’s proposal. But these were the unreconciled views of a single evaluator. The agency later reconciled all the evaluators’ ratings into a consensus rating. An agency is not obligated to document why a consensus rating differs from individual ratings; indeed, it is common for consensus ratings to deviate from individual ratings. 

The protester is represented by Kevin P Connelly, Kelly E. Buroker, Jeffrey M. Lowry, and Michel P, Ols of Vedder Price PC. The awardee is represented by Noah B. Bleicher, Moshe B. Broder, Andrew L. Balland, Ginsey V. Kramarczyk, and Sierra Paskins of Jenner & Block LLP. The agency is represented by Marie Cochran and Alissa J.K. Schrider of the General Services Administration. GAO attorneys Heather Weiner and Jennifer D. Westfall-McGrail participated in the decision. 

–Case summary by Craig LaChance, Editor in Chief