The protesters argue that NASA's re-evaluation of Navarro's proposal, and the new source selection decision, were inconsistent with the stated requirements of the solicitation. Specifically, the protesters contend that the agency could not have reasonably determined that Navarro's proposal, after removal of the 56 pages containing [basis of estimate] BOE narrative, met the solicitation's requirement to provide a BOE.

It is a fundamental principle of federal procurement law that a contracting agency must evaluate all offerors' proposals against the solicitation's stated evaluation criteria. See, e.g., Source Diversified, Inc., B-403437.2, Dec. 16, 2010, 2010 CPD para. 297 at 6; Computer Prods., Inc., B-284702, May 24, 2000, 2000 CPD para. 95 at 4-5. In reviewing protests against allegedly improper evaluations, our Office examines the record to determine whether the agency's evaluation was, in fact, in accord with the stated evaluation factors. Computer Assocs. Int'l, Inc., B-292077.3 et al., Jan. 22, 2004, 2004 CPD para. 163 at 6.

NASA maintains that it evaluated Navarro's proposal in accordance with the solicitation criteria and did not consider the 56-page BOE attachment that was removed as a result of its initial evaluation, even though the same evaluators that had viewed the 56 pages conducted the re-evaluation.[10] NASA contends that it complied with the solicitation's requirements because Navarro's proposal contained sufficient BOE narrative within the remaining 50 pages of its mission suitability proposal for the agency to determine that "[REDACTED], despite the fact that Navarro did not explicitly state within its 50-page . . . [mission suitability proposal] that it [REDACTED]." NASA's Post‑Hearing Comments at 1-2; Tr. at 103. NASA states that its assumption that [REDACTED] was confirmed by its integrated assessment of the rest of Navarro's proposal (besides the 50-page mission suitability proposal).

Our review of the record reveals several problems with NASA's position. First, while it is true that the RFP allowed offerors to [REDACTED], Tr. at 78, they were nonetheless explicitly required by section L of the solicitation to provide a BOE. The BOE was required to include, among other things, "supporting rationale for all labor resources (FTEs and skill mix) proposed" to demonstrate that the resources are realistic for the proposed technical and management approach. RFP at L-19. During the hearing, NASA's SEB witness testified that the RFP [REDACTED]. Tr. at 79‑80.

The record here shows that both protesters and Navarro provided BOEs with their initial mission suitability proposals. However, as Navarro's proposal explained, Navarro did not address the BOE level of detail within the mission suitability page limit because it determined that this requirement was "outside of the page count." AR, Tab 7, Navarro's Mission Suitability Proposal, at 10.

In addition, during the hearing, the agency conceded that Navarro's 50-page mission suitability proposal [REDACTED], as Navarro was required to do if this was its intent. Tr. at 175. In our view, without such a representation, the agency could not reasonably conclude that the proposal contained "a discussion regarding how the proposed FTEs were estimated" as required by the BOE level of detail. See RFP at L‑19.

Furthermore, even if we accept that Navarro [REDACTED]. The RFP specified that resources tables "shall agree with" the narrative discussion (here, how the FTEs were estimated) required for the BOE labor and non-labor resources. RFP at L-20. Our review of Navarro's resource tables for task order 1 and task order 2 confirms the protesters' allegations that [REDACTED]. Compare ERT AR, Tab 7, Navarro Mission Suitability Proposal, attach., Task Order 1 Resources Table, and Task Order 2 Resources Table with RFP at L-26-28; see Tr. at 142-43, 169-70. While NASA asserts that the differences were relatively minor and that a review of the totality of the proposal confirms that [REDACTED], Navarro did not state this, or provide the BOE required by the RFP, in its 50‑page mission suitability proposal.

As indicated, while stipulating that inclusion of the BOE in the technical approach section of the mission suitability proposal was a requirement of the RFP, Tr. at 60, NASA nevertheless contends that Navarro's proposal provided sufficient narrative to meet the BOE requirements. In both its agency report, and at the hearing, NASA provided examples that it contends show Navarro's compliance with the BOE requirements, and [REDACTED].

We have reviewed of each of NASA's examples, the parties' arguments, the hearing testimony, and Navarro's proposal; in our view, Navarro's mission suitability proposal did not comply with the RFP proposal preparation requirements. Specifically, the proposal failed to provide adequate "supporting rationale for all labor resources (FTEs and skill mix) proposed" to demonstrate that the proposed resources are realistic for the proposed technical and management approach. See RFP at L-19. Furthermore, as indicated, Navarro's mission suitability proposal did not "include a discussion regarding how the proposed FTEs were estimated." See id. Navarro's mission suitability proposal also failed to provide any narrative BOE that explained its understanding of the required non-labor resources. See id.   (North Wind, Inc.; Earth Resources Technology, Inc., B-404880.4; B-404880.5; B-404880.6, November 4, 2011)  (pdf)

PRA protests the agency's rejection of its proposal for exceeding the page limitation. Protest at 1. Specifically, PRA contends that the subcontractor letter and SOW were supporting documentation for the cost proposal and should not have been counted against the page limit. Protest at 2; Comments at 2.

Offerors are required to prepare their proposals in the format established by the solicitation, including page and other limitations. Client Network Servs., Inc., B‑297994, April 28, 2006, 2006 CPD para. 79 at 6. If the solicitation provides that a proposal exceeding a specified page limit will be rejected and an offeror does not protest those terms, then rejection of a proposal that exceeds the limit is unobjectionable. See Macfadden & Assocs., Inc., B-275502, Feb. 27, 1997, 97-1 CPD para. 88 at 2. In reviewing a protest against an agency's evaluation of proposals, our Office will not reevaluate proposals, but instead will examine the record to determine whether the agency's judgment was reasonable and consistent with the stated evaluation criteria and applicable procurement statutes and regulations. Shumaker Trucking & Excavating Contractors, Inc., B-290732, Sept. 25, 2002, 2002 CPD para. 169 at 3. A protester's mere disagreement with the agency's judgment in its evaluation does not establish that the evaluation was unreasonable. VT Griffin Servs., Inc., B-299869.2, Nov. 10, 2008, 2008 CPD para. 219 at 4.

First, PRA argues that the solicitation required offerors to provide "detailed substantiation" of proposed subcontractor costs. Protest at 2; Solicitation sect. 3.5.c(6). The protester argues that the subcontractor SOW was a "cost substantiation," which was intended to enable the agency to understand the proposed costs for the subcontractor. Comments at 4, citing Solicitation sect. 3.5.c(6).

The Army contends that the subcontractor cover letter and SOW related to the work to be performed by the subcontractor, rather than a substantiation of the costs of performance. To the extent that the protester contends that the solicitation required "substantiation" of subcontractor costs in the form of technical approach information, the agency notes that the solicitation advised offerors that the level of detail for subcontractor costs must be the same as that provided for the prime contractor. AR at 7, citing Solicitation sect. 3.5.c(6). The agency further notes that PRA did not provide details concerning its own technical approach in its cost proposal, thus undercutting the protester's interpretation that the solicitation required subcontractor costs to be supported by technical approach information in the cost proposal. AR at 7.

We think that the agency's conclusion was reasonable. The solicitation did not state, as the protester contends, that offerors were required or permitted to include technical approach information in their cost proposals. See Comments at 2. Consistent with the solicitation, all such information should have been part of the technical proposal. Solicitation sect. 3.5.b(3)(1). Neither the subcontractor's cover letter nor the SOW itself discuss the subcontractor's costs or how the subcontractor plans to use the requested funds. See AR, Tab 4, PRA Proposal, at 22-23; Solicitation sect. 3.5.c(6). Instead, PRA separately provided details concerning the subcontractor's proposed costs in the "Proposal Pricing Sheet." AR, Tab 4, PRA Proposal, at 24. On this record, we conclude that the agency reasonably found the cover letter and subcontractor SOW to be part of the technical proposal.

Next, PRA argues that the "mere brevity" of the subcontractor SOW is evidence that the page was not meant to provide "any technical substance." Comments at 3, 4. Regardless of the protester's intentions in submitting this information, the record shows that the subcontractor SOW described the work related to the tasks to be performed. For this reason, we do not think that the protester's representations concerning its intended purpose for the subcontractor SOW demonstrate that the agency unreasonably found that the pages counted toward PRA's technical proposal.

Finally, PRA argues that, in connection with other Army SBIR solicitations, it has submitted similar subcontractor information as part of its cost proposal, and that the Army did not reject those proposals. Protest at 2; Comments at 3. For this reason, the protester contends that the agency should not have deviated from its prior practice. Even if the protester is correct that the agency had not previously rejected other PRA proposals that included similar subcontractor information--a point not substantiated by the protester--we find no merit to this argument. As our Office has long held, each federal procurement stands on its own, and an agency's prior practices, if independently reasonable, are not rendered improper by the fact that the agency might have viewed a prior proposal differently. See e.g., Gonzales-McCaulley Inv. Group, Inc., B-402544, May 28, 2010, 2010 para. 127 at 3 n.4; FR Countermeasures, Inc., B-295375, Feb. 10, 2005, 2005 CPD para. 52 at 8.

In sum, we conclude that the agency reasonably found that the subcontractor cover letter and SOW were part of PRA's technical proposal, rather than its cost proposal. Thus, consistent with the terms of the solicitation, the agency counted these pages toward the technical proposal page limit. Because these two pages resulted in the protester's proposal exceeding the solicitation's 20-page limit, the agency reasonably rejected PRA's proposal.  (Propagation Research Associates, Inc., B-405362, October 20, 2011)  (pdf)

F&S argues that its proposal was acceptable, and therefore should have been included in the competitive range. In particular, F&S argues that its proposal complied with the 48-hour readiness requirement, and that in any event it was improper for FEMA to exclude F&S's proposal from the competitive range without considering its price. Protest at 10-13. In two supplemental protests, F&S challenges the geographic eligibility of the awardee, JESCO Company, Supplemental Protest at 6-13, argues that FEMA ignored favorable past performance of F&S, and argues that F&S was treated unfairly compared to other offerors. Comments & Second Supplemental Protest at 17‑23.

As explained below, we conclude that FEMA reasonably rated F&S's proposal unacceptable based on its failure to comply with the 48-hour readiness requirement. We therefore conclude that FEMA reasonably rejected F&S's proposal, rendering F&S's remaining arguments regarding its evaluation, and the agency's ultimate award, immaterial.
F&S first argues that its proposal met the 48-hour readiness requirement. F&S points out that its proposal expressly mentioned the availability of "qualified personnel" in five Alabama locales, and "additional personnel . . . 'On-Call' and ready to depart within [24] hours of award notification." Comments & Second Supplemental Protest at 11. F&S argues that the FEMA evaluators ignored or misinterpreted these statements in its proposal, id. at 11-12, while improperly focusing on the elements of the phase-in plan that reflected longer timelines. Id. at 13.

FEMA does not dispute that F&S's proposal mentioned personnel in position or ready to depart within 24 hours. Nevertheless FEMA argues that F&S's proposal did not place the phase-in tasks in a clear time-frame or otherwise provide that F&S was prepared to begin performing contract maintenance services within 48 hours after award. AR at 8-9. Rather, FEMA argues that F&S's phase-in plan focused on the firm's internal planning for performance, which included determining personnel requirements and hiring or subcontracting, all of which were keyed to a FEMA‑hosted kick-off meeting--that the agency describes as "nonexistent." AR at 9. Ultimately FEMA argues that F&S's proposal failed to provide any clear commitment to provide the required maintenance activities throughout the contract performance period--particularly by beginning such services within 48 hours of award. Id. FEMA also notes that F&S's proposal lacked a timeline with key dates (requested by the RFP), which could have shown when F&S intended to begin performing THU maintenance. Id. at 14‑15. Accordingly, FEMA maintains that its evaluation was reasonable and that it properly rated F&S's proposal as technically unacceptable. AR at 16.

We find FEMA's position reasonable. It is an offeror's responsibility to submit a well-written proposal, with adequately detailed information to clearly demonstrate compliance with the solicitation requirements, to allow a meaningful review by the procuring agency. CACI Techs., Inc., B-296946, Oct. 27, 2005, 2005 CPD para. 198 at 5. In this regard, an offeror must affirmatively demonstrate the merits of its proposal and risks the rejection of its proposal if it fails to do so. HDL Research Lab, Inc., B‑294959, Dec. 21, 2004, 2005 CPD para. 8 at 5.

The phase-in plan submitted by F&S, as described above, identifies two periods--the earlier of which, "project mobilization," was described as taking place in a 72-hour period measured from a kick-off meeting that the agency had not committed to conduct. The tasks related to this "project mobilization" phase were described as providing plans and making decisions for performance (including hiring and subcontracting) that were internal to F&S. Additionally, the second "project alignment" period in the first 30 days involved F&S meeting with its staff, transferring functions to itself, and assigning technicians to newly created service zones. We agree with FEMA that F&S's proposal did not provide any clear statement that the firm would meet the 48-hour readiness requirement; rather, the phase-in plan suggested that F&S would take significantly longer than 48 hours after award to have staff in place to begin actual performance of the required maintenance services. Based on this record, FEMA's rating of F&S's proposal as unacceptable was reasonable.  (F&S Environmental, LLC, B-405232; B-405232.2; B-405232.3, September 22, 2011)  (pdf)

GEA protests the agency's rejection of its proposal for exceeding the page limitation. Protest at 3. GEA contends that the additional proposal pages were the result of unclear solicitation instructions and a "partially defective" SBIR submission website. Protest at 2; Comments, Aug. 21, 2011, at 1.

Offerors are required to prepare their proposals in the format established by the solicitation, including page and other limitations. Client Network Servs., Inc., B‑297994, April 28, 2006, 2006 CPD para. 79 at 6. If the solicitation provides that a proposal exceeding a specified page limit will be rejected and an offeror does not protest those terms, then rejection of a proposal that exceeds the limit is unobjectionable. See Macfadden & Assocs., Inc., B-275502, Feb. 27, 1997, 97-1 CPD para. 88 at 2.

Here, the solicitation's terms regarding the cover sheets and the company commercialization report were unambiguous. Contrary to the protester's assertion that "[n]owhere in the instructions does it say that a signature is not required on the form," Comments, Aug. 21, 2011, at 1, the solicitation and cover sheets clearly stated that signatures were not required at the time offerors submitted proposals. Solicitation at sect. 6.1; AR, exh. 9, DOD SBIR FY11.2 Forensic, at 1-2; see AR, exh. 2, GEA Proposal, at 2 of 2. The protester also ignored explicit solicitation instructions warning offerors not to duplicate the electronically-generated cover sheets, and that duplicated cover sheets would count against the page limit. AR, exh. 7, Army SBIR Proposal Submission Instructions, at 1, 9; see Solicitation at sections 3.2, 3.4.

Additionally, with regard to the company commercialization report section, the solicitation permitted offerors to include additional explanation at the end of the electronically-generated report. Solicitation at sect. 3.5.d. However, uploading documents for the report was neither authorized by the solicitation, nor provided for in the relevant section of the website. See AR, exh. 9, DOD SBIR FY11.2 Forensic, at 2.

In sum, the protester has not presented any evidence to substantiate that the website was defective. See Protest at 1. Instead, the record shows that the protester disregarded clear solicitation instructions when it duplicated the cover sheets and uploaded documents to support its company commercialization report. As a result, the agency appropriately counted the duplicate cover sheets and two-page brochure against GEA's proposal's page count. Because the inclusion of these extra pages resulted in the protester's proposal exceeding the solicitation's 20-page limit, the agency properly rejected GEA's proposal.  (GEA Engineering, P.C., B-405318, October 13, 2011)  (pdf)

The agency provided each offeror with discussion questions and requested final revised proposals (FPR). As discussed in greater detail below, offerors were instructed to provide an FPR that addressed the agency's discussion questions. The request for FPRs stated that the original 30-page limit for technical proposals had been increased to 35 pages. AR, Tab 10, Request for DPK FPR, at 4. Offerors were also required to provide a letter to "accompan[y]" the FPR that "outlines" the offeror's response to the agency's discussion questions. AR, Tab 10, Agency Email Forwarding Request for DPK FPR, at 1 (July 16, 2010).

AID provided discussion questions for DPK that identified weaknesses under the technical approach, staffing and key personnel, and management approach factors, including, as relevant here, notice that three of its proposed key personnel did not meet the solicitation requirements. DPK submitted an FPR that consisted of a 49‑page cover letter, a 35-page technical proposal, and several appendices; DPK's specific responses to the agency's discussion questions were contained in its cover letter, rather than in its revised technical proposal. Chemonics also submitted a cover letter, revised technical proposal, and appendices.

The agency did not evaluate the detailed responses to the discussion questions contained in DPK's 49-page cover letter. AR, Tab 19, Revised Technical Evaluation, at 2. In this regard, the agency concluded that the protester's approach of addressing the discussion questions outside of its 35-page technical proposal did not comply with the instructions in the request for FPRs, and that evaluation of this information would result in an "unfair competitive advantage" for DPK. Id. In contrast, the agency concluded that Chemonics' proposal complied with the request for FPR instructions, and evaluated the entirety of its FPR.

(table and section deleted)

The RFTOP [request for task order proposals] required offerors to submit its technical proposal with a limit of 30 pages. Offerors were also permitted to submit appendices to their technical proposal that addressed certain RFTOP requirements, such as key personnel resumes and letters of commitment, and past performance information; these appendices were not subject to a page limitation. RFTOP sect. L.5 at 59. The request for FPRs instructed offerors to address the discussion questions by revising their technical proposals as follows:

Addressing these technical weaknesses and/or deficiencies will require a significant revision of the proposal. This revision may also directly result in major changes to the cost proposal.

The [FPR] should clarify and document DPK's understandings of both the technical proposal and the cost/business proposal. Please make sure that your responses to USAID's comments and clarifications are complete yet concise.

* * * * *

The FPR should not exceed thirty-five (35) pages, exclusive of annexes and other pages not subject to this page limitation as specified in Section L of the subject RFTOP.

AR, Tab 10, Request for DPK FPR, at 4. In addition to these instructions, the email transmitting the discussion questions and request for FPRs stated that the revised proposals "should be accompanied with a letter that outlines DPK's response to USAID's" discussion questions. AR, Tab 10, Agency Email Forwarding DPK FPR, at 1.

As discussed above, DPK's FPR consisted of a 49-page cover letter, a 35-page revised technical proposal, and a number of additional appendices. Rather than specifically addressing the agency's discussion questions in its revised technical proposal, DPK addressed these questions in the cover letter. Chemonics' response included a 15‑page cover letter, a 35-page revised technical proposal, and a number of appendices.

AID reviewed DPK's revised technical proposal and noted that the protester had addressed some concerns regarding its technical approach. AR, Tab 19, Revised Technical Evaluation, at 2. The agency concluded, however, that the protester's revised proposal did not address other concerns identified during discussions, including the experience of its proposed key personnel. With regard to DPK's cover letter, the agency noted that it contained "additional information on key personnel, management capacity, sub-partner relationship, and other matters (including alternative candidates for three positions)," but stated that this information "was not evaluated as it would have constituted an unfair competitive advantage over the 35‑page limit for the FPR." Id. In this regard, the agency notes that the solicitation specifically instructed offerors that although offerors were allowed to use appendices for information, such as resumes and performance information, "[a]ll critical information from appendices must be summarized in the technical proposal." See RFTOP sect. L.5.b at 59.

DPK argues that AID unreasonably failed to evaluate the responses to discussion questions contained in the cover letter to the protester's revised proposal. Specifically, the protester argues that the instructions to the request for revised proposals instructed offerors to respond to the discussion questions, and that the cover letter did not have a page limit.

In our view, the request for revised proposals did not instruct offerors to "respond" to the discussion questions in the cover letter. Instead, the instructions explained that "[a]ddressing these technical weaknesses and/or deficiencies will require a significant revision of the proposal," AR, Tab 10, Request for DPK Final Proposal Revisions, at 4, and that the revised proposals "should be accompanied with a letter that outlines DPK's response to USAID's" discussion questions. AR, Tab 10, Agency Email Forwarding DPK FPR, at 1. (emphasis added). Although the protester repeatedly argues that offerors were instructed to "respond" to the discussion questions in the letter, see Supp. Protest at 4, Protester's Supp. Comments at 4-5, the instructions make clear that an offeror was required to revise its technical proposals to account for the agency's discussions, and could only "outline[]" its response to the discussion questions in the "accompany[ing]" letter. Because the protester chose to include its detailed responses to the discussion questions in its 49-page cover letter, rather than in its 35-page revised proposal, we think that the agency reasonably excluded consideration of DPK's responses that were not otherwise contained in its revised proposal.  (DPK Consulting, B-404042; B-404042.2, December 29, 2010)  (pdf)

The agency advised Adelaide in its debriefing that, while its corporate experience was a strength, its technical proposal did not provide sufficient details regarding its management approach, did not include a proposed schedule, and did not provide an adequate staffing plan. Adelaide challenges the evaluation in this regard.

Our Office reviews challenges to an agency's technical evaluation to determine whether the agency acted reasonably and in accord with the solicitation's evaluation criteria and applicable procurement statutes and regulations. Integrate, Inc., B-296526, Aug. 4, 2005, 2005 CPD para. 154 at 3. Here, we find that the technical evaluation was reasonable.

Adelaide has furnished no basis to question the agency's determination that its management plan lacked adequate detail to evaluate the likelihood of successful performance. In this regard, the RFQ provided as follows:

Management Approach: At a minimum, the offeror should develop a plan showing an understanding of the tasks to be covered and the schedule for the required services. The plan should show how the work will be managed to ensure the success of the contract from a professional, cost and time perspective and should include a staff plan that among other items shows availability of staff and subcontractors to complete multi-tasked jobs.

RFQ at 3.

Adelaide notes that in describing its corporate experience, it listed in its proposal the various tasks performed under four prior VA contracts for asbestos surveys. The solicitation here, however, required vendors to furnish a "'plan . . . show[ing] how the work will be managed to ensure the success of the contract." Id. Simply listing tasks completed under prior contracts does not describe a plan for successful performance. Likewise, while Adelaide points to a flow chart in its proposal identifying the stages in the required work‑‑"'Need Identified and Project Manager Assigned"; "'Work Request Received by Environmental Consultant"; "'Brewster Office"; "'Team/Client Pre-job Briefing and Planning"; "'Data Gathered Analyzed"; "'Detailed Reporting"‑‑we find reasonable the agency's position that simply identifying a few general stages in the work, without including any narrative describing each stage, did not furnish an adequate basis for the agency to evaluate its management approach. Further, while Adelaide furnished a generic Quality Assurance and Quality Control Manual, the agency reasonably determined that the manual did not constitute a detailed, overall management approach to performing the specific required work under this solicitation. Furthermore, while Adelaide entered in the solicitation schedule a completion date for each VA facility, we disagree with the protester that this shows the agency was unreasonable in downgrading its proposal for lack of a performance schedule. Rather, we find reasonable the agency's position that an overall completion date for each VA facility is not the sort of detailed, task-by-task schedule that was to be furnished under the management approach subfactor and which was necessary in order to evaluate the vendor's likelihood of successful, timely performance.

Regarding the staffing plan, Adelaide notes that it identified in its proposal its president/contract administrator, senior vice president/program manager, director of technical and field operations/field supervisor, and an industrial hygienist. Adelaide Proposal at 9-13. In contrast, however, the awardee identified in its proposal its proposed project manager, assistant project manager, quality manager, a number of lead industrial hygienists, and a number of industrial hygienists. Furthermore, the awardee also indicated in its proposal its staffing approach for each stage of performance. Aerosol Proposal at 2-3, 7, 14-22. In these circumstances, we conclude that the agency reasonably viewed the protester's staffing approach as less detailed, and less likely to result in successful performance than the awardee's.

Having considered all of Adelaide's challenges to the evaluation, we find that none furnish a basis for questioning the issuance of a task order to Aerosol.

The protest is denied.  (Adelaide Environmental Health Associates, Inc., B-404164, January 13, 2011)  (pdf)

The agency received nine quotations by the September 20 closing date for the receipt of quotations, including four quotations from HUBZone small businesses. In accordance with the cascading set‑aside procedures established by the RFQ, only the four quotations from HUBZone vendors were considered for selection. Of these four quotations, 1-A Construction & Fire's was the lowest-priced (at $19,950). The agency, however, rejected the protester's quotation. The evaluators found that the protester's quotation identified limited reservoir experience for the firm and provided limited information about that experience. The evaluators also found that 1-A's limited response under the benefit to the local community factor, which stated only that the reservoir project would provide water sources for cows and all other wildlife, was insufficient to explain how the firm planned to benefit the local area. The agency selected Hayden Brothers for the task order at that firm's quoted price of $42,680. After learning of the agency's decision, 1-A filed this protest.

In its protest, 1-A contends, among other things, that the agency unreasonably concluded that its quotation was unacceptable under the benefit to the local community evaluation factor; 1-A contends it was sufficient for the firm to have noted in its quotation that the pond project will provide water for cows and wildlife. 1-A suggests, in its comments submitted in response to the agency's report on the protest, that the pond project's benefits in providing water to local wildlife will ultimately benefit the community, by supporting, among other things, hunters who, in turn, will spend money in the county.

In reviewing a protest against the propriety of an evaluation, it is not our function to independently evaluate proposals and substitute our judgment for that of the contracting activity. Barents Group, L.L.C., B-276082, B-276082.2, May 9, 1997, 97-1 CPD para. 164 at 6. Rather, we will review an evaluation to ensure that it was reasonable and consistent with the evaluation criteria in the solicitation and applicable procurement statutes and regulations; a protester's mere disagreement with the evaluation does not show it lacked a reasonable basis. Id. On the record here, we see no basis to question the evaluation of the protester's quotation or the source selection decision.

Here, the RFQ specifically instructed vendors to address how they planned to benefit the local community in carrying out the project, for example, through local hiring, local equipment rentals, and the use of local housing and meal facilities. To the extent 1-A generally noted that the reservoir project itself would provide a benefit, since it would serve as a water source for cows and wildlife, 1‑A's response was not meaningful, since the RFQ clearly required vendors to establish how their own planned activities in performance of the project would provide a direct economic benefit to the local community. Given 1-A's failure to adequately address this fundamental solicitation requirement, the agency acted reasonably in finding 1‑A's quotation unacceptable under the benefit to the local community evaluation factor, which provided a reasonable basis for the agency's rejection of 1-A's quotation.

The protest is denied.  (1-A Construction & Fire, LLP, B-404128, January 7, 2011)  (pdf)

Tetra Tech argues that it submitted a subcontracting plan, and that the plan's disappearance is the Navy's responsibility. Tetra Tech submitted sworn statements from its employees, explaining that they made multiple checks of the proposal before submitting it, to ensure that all parts of the proposal were present. Protest, exh. A, Affidavit of Proposal Manager, at 1-2; exh. B, Affidavit of Contract Administrator, at 1. Additionally, Tetra Tech maintains that a copy of the proposal retained for the firm's own files does contain the subcontracting plan, which, the protester contends, means the plan was also present in the original proposal and the copies submitted to the Navy. Id. at 2. Accordingly, Tetra Tech argues that if the subcontracting plan was no longer with the proposal when the Navy began its evaluation, the Navy lost it.

In response, the Navy denies losing the subcontracting plan and asserts that Tetra Tech's proposal did not include it. The Navy has provided a statement from the contract specialist who received the proposal, delivered the technical proposal volumes to the evaluation panel, and opened the price proposal volumes. The contract specialist reports that when he opened Tetra Tech's price proposal, he found no subcontracting plan in either the original or copy provided to the agency. AR, Tab 10, Statement of Contract Specialist, at 2. The contract specialist brought Tetra Tech's technical and price proposal to the contracting officer, who verified that the subcontracting plan was not contained in either the technical or price proposals. Id. The contract specialist also checked his office, where the other offerors' subcontracting plans were located, and Tetra Tech's plan was not there. Id. The Navy argues that Tetra Tech's proposal submission did not contain a subcontracting plan, and therefore the Navy properly assigned a deficiency and rated the proposal poor under the subcontracting plan factor, which renders the proposal ineligible for award.

In its comments in response to the agency report, Tetra Tech argues that not only have its employees sworn that the plan was submitted with the proposal, the contemporaneous record acknowledges that the proposal contained a subcontracting plan section. Specifically, Tetra Tech points out that the Navy's evaluation report states that "[a]ll proposals were received on time" and were "reviewed for compliance with the RFP submission requirements." Protester's Comments at 7 (quoting AR, Tab 8, Source Selection Evaluation Report, at 4). According to the protester, this statement means that no proposal--and specifically, Tetra Tech's proposal--was missing any information.[4] Tetra Tech also argues that the Navy's efforts to ensure that the subcontracting plan had not been mislaid actually demonstrate that the plan was lost by the Navy; that is, if the Navy had not lost Tetra Tech's subcontracting plan, it would not have needed to search for it. Protester's Comments at 7 n.6. Neither of these arguments is persuasive evidence that Tetra Tech submitted a subcontracting plan with its proposal, but that the Navy lost it.

An offeror bears the burden of submitting an adequately written proposal and it runs the risk that its proposal will be evaluated unfavorably where it fails to do so. Beck's Spray Serv., Inc., B-299816, Aug. 9, 2007, 2007 CPD para. 149 at 3. Although Tetra Tech argues that the Navy lost the firm's subcontracting plan, the protester has not convincingly established that the subcontracting plan was included with the submitted proposal. Furthermore, the record demonstrates that, upon receipt of the protester's proposal, the Navy handled the proposal with appropriate care, noticed that the subcontracting plan was missing when the evaluation began, and used diligence to confirm that the plan had not been mislaid by the Navy or misfiled in the other proposal materials. Based on this record, we find reasonable the agency's conclusion that Tetra Tech had not submitted a subcontracting plan with its proposal, and the agency's assignment of a deficiency and poor rating to the proposal under the subcontracting plan factor as a result. See Nevada Real Estate Servs., Inc., B‑293105, Feb. 3, 2004, 2004 CPD para. 36 at 4 (even though protester claimed agency had lost the missing proposal contents, proposal was reasonably found unacceptable).

In addition, Tetra Tech argues that the Navy should have informed Tetra Tech that the subcontracting plan was missing, and should have allowed the firm to submit the plan as a clarification or through discussions.

Clarifications are limited exchanges with an offeror that agencies may use to allow the firm to clarify certain aspects of its proposal or resolve minor or clerical mistakes, while discussions are undertaken with the intent of allowing the offeror to revise its proposal. FAR sect. 15.306(a), (d). The submission of a proposal section, omitted entirely from the initial proposal, the content of which was required for evaluation, could not have been resolved as a clarification and would have constituted discussions. Environmental Quality Mgmt., Inc., B-402247.2, Mar. 9, 2010, 2010 CPD para. 75 at 5. However, the Navy was not required to hold discussions simply because Tetra Tech needed to correct a material omission from its proposal. Kiewit Louisiana Co., B‑403736, Oct. 14, 2010, 2010 CPD para. 243 at 4. Accordingly, the protester's argument does not provide a basis to sustain this protest.  (Tetra Tech Tesoro, Inc., B-403797, December 14, 2010)  (pdf)

TechStart provided an explanatory letter and product literature with its quotation to demonstrate the claimed equivalence of the IPCallCo system. In reviewing the quotation, the agency found that the product literature did not indicate whether strobe and Bluestar locator light assemblies were included in the IPCallCo system. Nor did Techstart indicate whether the assemblies were included in its quoted price. The agency also discovered that, while the quotation stated that it was priced FOB Destination, its price schedule listed shipping and handling charges. Further, the payment terms of TechStart's quotation required a 25 percent initial deposit, which the contracting officer concluded the agency could not properly pay.

Rather than reject TechStart's quotation immediately, according to the agency, the contracting officer made several attempts to contact TechStart for clarification. The agency states that after phone calls made to TechStart on July 22 and July 23 were not returned, the contracting officer contacted IPCallCo directly, and was informed that strobe and Bluestar locator light assemblies were an available option on IPCallCo call boxes. The agency further states that the contracting officer then attempted to contact TechStart via email on July 27, using an email address previously used successfully to contact the firm. The record shows that in this email the contracting officer sought to confirm that the strobe and Bluestar locator light assemblies were included in the quotation at no extra charge, that the shipping and handling charges would be eliminated, and that the 25 percent deposit provision would be removed. The email requested a response by July 28.

When no response was received by July 29, the contracting officer determined that TechStart's quotation was ambiguous and not responsive to the RFQ, and that the award should be made to ITA. The award notice was posted on August 2. This protest followed on August 6.

TechStart asserts that the alleged ambiguities in its quotation were insignificant, and that a reasonable review of the quotation should have led the contracting officer to regard the issues as minor discrepancies. TechStart argues that, even including shipping and handling charges, its quotation was significantly lower in price than the awardee's, that the contracting officer should have realized that the deposit requirement was not applicable to a federal customer, and that the issue of the strobe and Bluestar locator light assemblies was resolved through the contracting officer's communication with IPCallCo. TechStart also alleges that it did not receive telephone calls or messages from the contracting officer on July 22 or 23, and did not receive the contracting officer's July 27 email.

We have reviewed the record here and agree with the contracting officer's conclusion that TechStart's quotation was unacceptable under the RFQ. Even considering the contracting officer's conversation with IPCallCo, the contracting officer could not determine whether TechStart had included the cost of the strobe and Bluestar locator light assemblies in its quotation, or whether the shipping and handling charges stated in the price schedule applied. Additionally, the payment terms set forth in Techstart's quotation explicitly stated that a 25 percent deposit was required, which the agency could not properly pay. See Federal Acquisition Regulation sect. 32.202-2 (an agency may not pay more than 15 percent of the contract price as a pre-performance deposit in a commercial item purchase).

With regard to TechStart's argument that it did not receive the July 22 and 23 telephone calls placed by the contracting officer, or the email sent on July 27, we note that the contracting officer had no obligation to seek to resolve the issues with TechStart's quotation. Rather, it is the vendor's responsibility to submit a well-written quotation, with adequately detailed information, that clearly demonstrates compliance with the solicitation requirements. Domain Name Alliance Registry, B-310803.2, Aug. 18, 2008, 2008 CPD para. 168 at 10. Here, at the time the contracting officer determined to make the award, on July 29, TechStart's quotation remained ambiguous as to whether the strobe and Bluestar locator light assemblies were included and whether the shipping and handling charges applied, and required a 25 percent pre-performance deposit that the agency was not authorized to pay. Under these circumstances, the contracting officer properly concluded that TechStart's quotation was unacceptable and that award should be made to ITA.  (TechStart, LLC, B-403515, November 10, 2010)  (pdf)

MCSI asserts that it submitted the required experience/past performance data sheets, and that its proposal was improperly evaluated by GSA under the experience evaluation factor. The agency acknowledges that MCSI submitted five experience/past performance data sheets, but, as noted above, argues that in four cases the data sheets failed to demonstrate that the referenced projects included grounds maintenance responsibilities, and therefore did not meet the solicitation's definition of "Similar Work" as required for evaluation under the experience factor. We agree.

The evaluation of proposals is a matter within the discretion of the contracting agency. In reviewing an agency's evaluation, we will not reevaluate proposals; instead, we will examine the agency's evaluation to ensure that it was reasonable and consistent with the solicitation's stated evaluation criteria and applicable procurement laws and regulations. MAR, Inc., B-246889, Apr. 14, 1992, 92-1 CPD para. 367 at 4. An offeror's mere disagreement with the agency's evaluation does not render the evaluation unreasonable. McDonnell Douglas Corp., B-259694.2, B-259694.3, June 16, 1995, 95-2 CPD para. 51 at 18.

As stated above, the solicitation required offerors to demonstrate experience in performing similar work, and defined similar work as projects including grounds maintenance services. The record shows that, despite this instruction, only one of MCSI's experience/past performance data sheets even arguably referenced any aspect of grounds maintenance. Specifically, MCSI's first data sheet stated, in the description of work, "complete janitorial and related services, policing grounds, carpets, floor maintenance 10 buildings." Comments, July 8, 2010, Exh. 2, at 1 (emphasis added). The remaining data sheets specifically identified the services provided for each project, but made no reference to any grounds maintenance services. For example, MCSI's second data sheet stated, "[c]omplete janitorial and related services, carpet, floor maintenance, window cleaning," and its fifth data sheet stated, "[c]omplete aseptic cleaning/janitorial service, related services, carpet and floor maintenance, window cleaning, blood borne pathogen procedures (OSHA)." Id. at 2, 5. Based on this record, we find GSA's determination that MCSI's data sheets did not demonstrate experience within the solicitation's definition of similar work to be reasonable and consistent with the solicitation.

MCSI contends that the grounds maintenance services under its prior projects were included within the "related services" referenced in its data sheets. Given that MCSI specifically listed certain janitorial services in its experience/past performance data sheets, but failed to list grounds maintenance, we do not consider it unreasonable for GSA to have concluded that grounds maintenance services were not included in the projects. Since an agency's evaluation is dependent on the information furnished in a proposal, it is the offeror's responsibility to submit an adequately written proposal for the agency to evaluate. LOGMET, B-400535, Oct. 30, 2008, 2008 CPD para. 199 at 3. An offeror that fails to do so runs the risk that its proposal will be evaluated unfavorably. Recon Optical, Inc., B-310436, B-310436.2, Dec. 27, 2007, 2008 CPD para. 10 at 6.  (Moura's Cleaning Service, Inc., B-402741.4,September 7, 2010)  (pdf)

JBlanco complains that its proposal met most of the solicitation's requirements and that, to the extent it did not, its noncompliance was minor and should have either been waived or corrected through clarifications.

An offeror has the responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates compliance with the solicitation requirements and allows a meaningful review by the procuring agency. CACI Techs., Inc., B–296946, Oct. 27, 2005, 2005 CPD para. 198 at 5. In this regard, an offeror must affirmatively demonstrate the merits of its proposal, and risks the rejection of its proposal if it fails to do so. HDL Research Lab, Inc., B–294959, Dec. 21, 2004, 2005 CPD para. 8 at 5.

The purpose of the technical proposal's demonstration project was for offerors to demonstrate their task order proposal preparation capability. Offerors were informed that, among other things, the agency would review offerors' calculations for a complete and reasonable task order price proposal complying with the project specifications and drawings. RFP amend. 1 at 6-7. Thus, it was incumbent upon the protester to submit a technical proposal that clearly demonstrated its ability to satisfactorily calculate prices as instructed. JBlanco essentially concedes that it did not do so in its technical volume.

We do not agree with JBlanco that its failure to demonstrate its capability to properly prepare task order proposals could be waived as a minor error or corrected through clarifications. Unlike a clerical or mathematical error in a price proposal, which could be susceptible to correction through clarifications, the error here implicates the protester's ability to properly prepare its task order proposals. We think the agency could reasonably conclude that allowing the protester to correct the prices or change the pricing method in its technical proposal, after the agency explained what errors the protester had made, would defeat the purpose of the project demonstration. On this record, we find no basis to question the reasonableness of the agency's determination that JBlanco's proposal failed to meet this pass/fail solicitation requirement.

The protest is denied.  (JBlanco Enterprises, Inc., B-402905, August 5, 2010)  (pdf)

Richcon Federal Contractors, Inc., of Wellington, Florida, protests the rejection of its quotation by the Department of Agriculture, Forest Service, under request for quotations (RFQ) No. R3-6-10-007 for roofing services. The protester argues that the agency should have accepted its quotation, which was submitted by facsimile, notwithstanding the fact that the RFP incorporated a Federal Acquisition Regulation (FAR) clause that prohibited submission of quotations by this method.

We deny the protest.

The RFQ was issued on June 11, 2010, and sought quotations to replace the roof of the Glenwood shop in the Gila National Forest, New Mexico. Section L of the RFQ included the text of FAR sect. 52.252-1, which states in relevant part: "This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text." Among the clauses incorporated by reference was "Instructions to Offerors--Competitive Acquisition," which states, as relevant here, "[u]nless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages . . . ." FAR sect. 52.215-1(c)(1). The RFQ did not advise vendors that any method other than paper media was acceptable for submission of quotations.

Richcon submitted its quotation via facsimile on June 29, 1 day before the solicitation closing date. The agency rejected Richcon's quotation because it was delivered by facsimile, rather than on paper, as required under the RFQ. Contracting Officer's Statement para. 10.

Richcon argues that the Forest Service improperly rejected its quotation because the RFQ did not specifically state that quotes could not be submitted by facsimile. In this regard, the protester contends that the RFQ did not expressly include language that prohibited facsimile submission. As discussed above, however, the RFQ advised vendors that the clause at 52.215-1 was incorporated into the solicitation. It is a well-accepted principle of contract law that when an item is incorporated by reference into a contract or other document, it is not necessarily to bodily insert the text of the item into the contract or document. Staker & Parsons Cos., B-402404.2, Mar. 1, 2010, 2010 CPD para. 74 at 2-3; see also Northrop Grumman Info. Tech., Inc., 535 F.3d 1339, 1343-46 (Fed. Cir. 2008). On this record, we conclude that vendors were advised that facsimile submissions were prohibited, and that the contracting officer acted reasonably by rejecting Richcon's quotation. See G.D. Searle & Co., B-247077, Apr. 30, 1992, 92-1 CPD para. 406 at 3.  (Richcon Federal Contractors, Inc., B-403223, August 12, 2010) (pdf)

URS argues that it fully complied with all RFP requirements and maintains that it did demonstrate that it possessed a facility with a top secret safeguarding clearance prior to the due date for receipt of proposals, namely its facility with CAGE code 1RD04.

In reviewing protests of alleged improper evaluations, our Office examines the record to determine whether the agency's judgment was reasonable and in accord with the stated evaluation criteria and applicable procurement laws. L-3 Commc'ns Westwood Corp., B-295126, Jan. 19, 2005, 2005 CPD para. 30 at 5. It is an offeror's responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates compliance with the solicitation and allows a meaningful review by the procuring agency. CACI Techs., Inc., B-296946, Oct. 27, 2005, 2005 CPD para. 198 at 5. In this regard, an offeror must affirmatively demonstrate the merits of its proposal and risks the rejection of its proposal if it fails to do so. HDL Research Lab, Inc., B-294959, Dec. 21, 2004, 2005 CPD para. 8 at 5.

URS argues that the EPA misunderstood URS's corporate structure, and that URS fully complied with the requirements of the RFP because the proposal identified the specific CAGE code of the facility that maintains a top secret safeguarding clearance. URS explains that URS Group, Inc., is composed of multiple facilities existing as a single entity, referred to as a "Multiple Facility Organization." According to the protester, the facilities that comprise URS Group, Inc., have different CAGE codes; the facility with CAGE code 1N5H4 (which was listed in the SF 33 as the offeror) is the headquarters and does not have a top secret safeguarding clearance, but the facility with CAGE code 1RD04 (which was listed in the technical proposal) is a subordinate facility of the headquarters and does have a top secret safeguarding clearance. Protest at 4. URS maintains that the headquarters facility can use the security clearance of its subordinate facility without the two facilities entering into a written agreement because the two facilities are the same legal entity operating out of the same physical location. URS asserts that its identification of different CAGE codes in the SF 33 and its technical proposal is irrelevant. Id. at 4-6.

We do not agree that the identification of different CAGE codes is irrelevant, or that two entities with different CAGE codes are the same for purposes of this procurement. CAGE codes are assigned by the Defense Logistics Agency and are assigned to discrete business entities for purposes of executing payments under government contracts and to track the ownership of technical data. National Found. Co., B-253369, Sept. 1, 1993, 93-2 CPD para. 143 at 2 n.1. Similarly, the DUNS numbering system is established by Dunn & Bradstreet Information Services, and discrete 9‑digit numbers are assigned for purposes of establishing the precise identification of an offeror or contractor. See FAR sections 4.605(b); 4.607. On an SF 33, the CAGE code and DUNS number are used to identify the entity that is the offeror for a given procurement. On the SF 33 here, those numbers for the offering entity are different than the numbers in the proposal for the entity with the top secret safeguarding clearance.

As stated above, the RFP required offerors to have the appropriate security clearance by the due date for receipt of proposals. RFP sect. L.27. The RFP stated that the agency would confirm that the offeror had the appropriate clearance in place by the due date, and that offerors without the proper clearance would not be considered for award. RFP attach. 9, at 9-7. After determining that the URS entity that submitted the proposal in response to the RFP, listed on the SF 33 with CAGE code 1N5H4, did not have the appropriate clearance, the agency rejected URS's proposal. Based on our review of the record, we find this action unobjectionable.

In further support of its argument that the agency improperly rejected its proposal, URS asserts that its technical proposal committed the resources of the subordinate facility with CAGE code 1RD04, which possesses a top secret safeguarding clearance, to perform the contract. Comments at 3. However, the record shows that URS failed to submit a complete demonstration of its security clearance relative to the DD254, as required by the RFP. Not only do the SF 33 and technical proposal identify two different entities with different CAGE codes and DUNS numbers, but also URS never explained in its proposal the relationship between the two entities. Moreover, URS, in its proposal, identified another entity that would be aiding the firm in its performance of the safeguarding requirements; and it never identified its relationship with this firm, provided the CAGE code or DUNS number for this firm, or provided any evidence of this firm's ability to handle and possess top secret information.

In summary, the protester failed in its responsibility to clearly demonstrate compliance with the RFP security requirements. The record supports the reasonableness of the agency's decision to find the proposal unacceptable for failure to demonstrate that it satisfied the RFP security requirements.  (URS Group, Inc., B-402820, July 30, 2010)  (pdf)

Xtreme questions the agency's evaluation of its proposal and argues that the agency improperly issued the task orders to two offerors with higher evaluated costs.

In reviewing protests of alleged improper evaluations and source selections, our Office examines the record to determine whether the agency's judgment was reasonable and in accord with the stated evaluation criteria and applicable procurement laws. See ABT Assocs., Inc., B-237060.2, Feb., 26, 1990, 90-1 CPD para. 223 at 4. It is an offeror's responsibility to submit a well-written proposal, with adequately detailed information which clearly demonstrates compliance with the solicitation and allows a meaningful review by the procuring agency. CACI Techs., Inc., B-296946, Oct. 27, 2005, 2005 CPD para. 198 at 5. In this regard, an offeror must affirmatively demonstrate the merits of its proposal and risks the rejection of its proposal if it fails to do so. HDL Research Lab, Inc., B-294959, Dec. 21, 2004, 2005 CPD para. 8 at 5. A protester's mere disagreement with the agency's evaluation provides no basis to question the reasonableness of the evaluators' judgments. See Citywide Managing Servs. Of Port Washington, Inc., B-281287.12, B-281287.13, Nov. 15, 2000, 2001 CPD para. 6 at 10-11.

In addressing Xtreme's protest, we have reviewed the record, including the agency's evaluation materials, Xtreme's proposal, and its arguments challenging the agency's evaluation and selection decision. While we only address the protester's primary challenges, we have considered all of Xtreme's arguments and conclude that none of them have merit. In short, we think the record supports the ratings given the protester's proposal and the agency's selection decisions.

Initially, we note that, although the agency report specifically addresses the protester's challenge to the evaluation of the firm's proposal and provides a detailed analysis of the evaluated weaknesses and deficiencies in that proposal, the protester's comments do not substantively challenge the agency's evaluation results. Rather, the protester argues in a general fashion that it has the knowledge and personnel to perform the requirement. The TOPR, however, required that offerors demonstrate their abilities to perform the requirements in their proposals, and, in our view, Xtreme simply failed to do so.

With respect to CLIN 4020, the TOPR required offerors to identify a specific number and category of employees all of which were considered key. The TOPR further stated that resumes must be provided for all key personnel. The protester does not contend that it proposed sufficient key staff to perform the CLIN (or that it provided resumes for these key personnel), but instead argues that it has the ability to obtain staff and will provide sufficient staff in contract performance. See Protest at 1-2; Comments at 3. This response, however, does not show that the agency's concerns about Xtreme's staffing plan were unreasonable. In short, the TOPR required offerors to detail the personnel to be provided under the contract and to demonstrate a commitment to assign appropriately skilled and experienced personnel.

With respect to CLIN 4030, the protester also failed to address a number of TOPR requirements, including identifying sufficient staff to perform and addressing how it will accomplish contract tasks. Again, the protester does not specifically challenge the agency's evaluation conclusions concerning Xtreme's proposal but simply argues that it has the ability to provide the required services. As noted above, however, this does not demonstrate that the agency's evaluation concerns are unreasonable.

For both CLINs, the agency received no completed past performance questionnaires from any of the protester's references, and found no past performance information for Xtreme in the PPIRS database. The protester contends that it is not listed in the PPIRS because several prime contractors, which subcontracted work to the protester, failed to provide past performance information to the PPIRS, despite repeated requests that they do so. Although Xtreme complains that it was prejudiced by these prime contractors' failure to provide past performance information, Xtreme does not contend that the agency was involved in any way. Xtreme's complaints in this regard simply do not show that the Navy acted unreasonably, or in violation of law or regulation.

The protester also argues that the agency was biased against Xtreme, a small veteran-owned business. The protester, however, presents no evidence supporting this allegation other than its own inference based upon an alleged comment by a procurement official that this requirement was not for small businesses. Rather, as noted above, the record supports the reasonableness of the agency's evaluation of Xtreme's proposal. We find no basis to conclude that the evaluation of Xtreme's proposal was the result of the agency favoring large business concerns, or was otherwise motivated by bias or bad faith on the part of the agency. In this regard, government officials are presumed to act in good faith, and we will not attribute unfair or prejudicial motives to procurement officials on the basis of inference or supposition. See Shinwha Elecs., B-290603 et al., Sept. 3, 2002, 2002 CPD para. 154 at 5 n.6.

In sum, given the protester's failure to demonstrate its ability to satisfy the agency's requirements, we find that the agency's evaluation was reasonable and consistent with the evaluation criteria. Furthermore, given the reasonableness of the evaluation, the record provides no basis to question the agency's decision not to select Xtreme for these task orders. Because the agency found the protester's proposals to be unacceptable in both instances, the agency was not required to consider Xtreme's lower costs in its tradeoff decisions, since it is well established that a technically unacceptable proposal cannot be considered for award. EMSA Ltd. P'ship, B-254900.4, July 26, 1994, 94-2 CPD para. 43 at 5.  (XtremeConcepts Systems, B-402438, April 23, 2010)  (pdf)

The protester challenges the agency's evaluation of both proposals. With regard to TeAM's proposal, IBA contends that the evaluators could not reasonably have assigned a rating of [deleted] under the management approach factor given that once the pages in excess of the solicitation limitations were excluded from the TeAM proposal, the proposal did not include a transition plan or required project milestones. With regard to its own proposal, IBA argues that it should have received ratings of higher than [deleted] under the experience, technical approach, and management approach factors.

In reviewing an agency's evaluation, we will not reevaluate proposals; instead, we will examine the record to determine whether the agency's judgment was reasonable and in accord with the solicitation evaluation criteria and applicable procurement statutes and regulations. ESCO Marine, Inc., B-401438, Sept. 4, 2009, 2009 CPD para. 234 at 9. Based on our review of the record here, we agree with the protester that the agency's evaluation of both proposals was unreasonable. Accordingly, we sustain IBA's protest.

Evaluation of TeAM proposal

The TOPR required offerors to provide a 60-day plan for incoming transition as part of their proposals. The TOPR furnished a great deal of detail regarding the required content of this plan, instructing that it was to address the following topics:

• Coordination with Government representatives,
• Review, evaluation and transition of current support services,
• Transition of historic data to new contractor system,
• Government-approved training and certification process,
• Transfer of hardware warranties and software licenses,
• Transfer of all System/Tool documentation to include, at a minimum: user manuals, system administration manuals, training materials, disaster recovery manual, requirements traceability matrix, configuration control documents and all other documents required to operate, maintain and administer systems and tools,
• Transfer of compiled and uncompiled source code, to include all versions, maintenance updates and patches,
• Orientation phase and program to introduce Government personnel, programs, and users to the Contractor's team, tools, methodologies, and business processes,
• Distribution of Contractor purchased Government owned assets, including facilities, equipment, furniture, phone lines, computer equipment, etc.,
• Transfer of Government Furnished Equipment (GFE) and Government Furnished Information (GFI), and GFE inventory management assistance,
• Applicable TMA briefing and personnel in-processing procedures,
• Coordinate with the Government to issue and account for government keys, ID/access cards, and security codes.

TOPR at 2-3. In addition, the TOPR instructed offerors to include a draft Program Management Plan (PMP) as an attachment to their proposals. The solicitation identified four items that "at a minimum" were to be addressed in the draft PMPs; of relevance to this protest, one of the required items was "[i]dentification of milestones where Government information/activity is required and timeline dependencies for subsequent Contractor activities." TOPR at 4.

TeAM included a [deleted] incoming transition plan as an attachment to its non-price proposal; because the TOPR provided that the transition plan was to be submitted as part of the non-price proposal subject to the page limitations imposed thereon, the contracting officer states that she removed the attachment from the copy of TeAM's proposal that she provided to the evaluators for reevaluation. Similarly, the contracting officer states that she removed the final 10 pages of TeAM's [deleted] PMP because the solicitation placed a limitation of 10 pages on this attachment. In their reevaluation, the evaluators attributed [deleted] weaknesses and [deleted] weakness to the TeAM proposal under the management approach factor; [deleted]. The evaluators noted that [deleted]. Evaluation Panel Report, Dec. 10, 2009, at 20. Despite this finding, the evaluators assigned the proposal an overall rating of [deleted] under the management approach factor.

IBA argues that the rating of [deleted] is unreasonable given that TeAM's proposal did not include a transition plan and did not identify project milestones. In response to the first point, the agency maintained that while TeAM's proposal lacked a full transition plan, it did address transition issues and thus merited an [deleted] rating. In particular, the agency pointed to language in the proposal addressing TeAM's [deleted]; acknowledging the phases of the [deleted] to be supported under the task order; discussing TeAM's approach to [deleted]; and referring to TeAM's experience in [deleted]. The protester responded that these references could not reasonably be considered an adequate response to the solicitation requirement for a transition plan addressing the 10 items summarized above.

We agree with the protester. As noted above, the TOPR required contractors to furnish a plan addressing a number of aspects of transition, including the offeror's plans for ensuring that existing data, documentation, source code, and equipment would be successfully transferred to it. The language from TeAM's proposal cited by the agency [deleted]. Because the pared-down version of the TeAM proposal that the evaluators considered during their reevaluation not only failed [deleted], but also failed to otherwise address the required elements [deleted], we do not think that the evaluators could reasonably have considered the proposal to satisfy the solicitation requirement for a transition plan. Absent a basis for finding that the proposal had demonstrated an approach to meeting the requirement, we do not think that it was reasonable for the evaluators to have assigned the TeAM proposal a rating of [deleted] under the management approach factor, because the TOPR provided for the assignment of a rating of [deleted].

The protester also complains that TeAM's draft PMP failed to identify project milestones, as required by the TOPR, and thus failed to reflect an acceptable management approach. In response, the agency argues that while the table in which TeAM identified its project milestones was not considered in the reevaluation (due to enforcement of the solicitation's page limitations), the proposal otherwise adequately identified the milestones [deleted]. Based on our review of the record, we fail to see how the proposal passages cited by the agency adequately identified the project milestones [deleted]. For example, the agency points to TeAM's statement in its PMP that [deleted], TeAM Proposal, Attach. 3 (PMP), at 4. In our view, this statement is not sufficient to incorporate the milestones into the proposal; where, as here, a solicitation requires offerors to furnish detailed information to demonstrate compliance with solicitation requirements, [deleted] is not sufficient to demonstrate that a proposal meets the requirements. VT Griffin Servs., Inc., B‑299869.2, Nov. 10, 2008, 2008 CPD para. 219 at 5.

In sum, in addition to lacking a reasonable basis for concluding that the TeAM proposal complied with the TOPR requirement for a transition plan, we think that the evaluators lacked a reasonable basis for finding that TeAM complied with the solicitation requirement for a PMP setting forth project milestones. Accordingly, we agree with the protester that it was unreasonable for the evaluators to assign TeAM's proposal a rating of [deleted] under the management approach factor.  (Irving Burton Associates, Inc., B-401983.3, March 29, 2010)  (pdf)

Kiewit first contends that it was unreasonable for the agency to reject its proposal on the basis that the protester’s proposed preliminary schedule for performance included what the agency perceived as an unreasonably late date for the issuance of the notice to proceed and start of performance. Since the agency’s anticipated notice to proceed date was not shared with the competitors prior to proposal submission, Kiewit contends that the agency applied an unstated criterion in evaluating its proposal; that its experience supports its schedule’s notice to proceed/ performance start date; and that the firm’s proposal, in any event, included a statement of the firm’s intention to comply with all solicitation requirements. As discussed below, our review of the record provides no basis to question the agency’s evaluation of the proposal.

An offeror has the burden of submitting an adequately written proposal with sufficiently detailed information to clearly demonstrate the merits of its proposal and risks the rejection of its proposal if it fails to do so. See HDL Research Lab, Inc., B‑294959, Dec. 21, 2004, 2005 CPD para. 8 at 5. As stated above, the RFP required evaluation of, among other things, the timeliness of the proposed performance, and offerors were to demonstrate the “ability to schedule and successfully perform the work and to satisfy all solicitation requirements.” RFP at 00110-3. Kiewit’s schedule assumed a notice to proceed/performance start date approximately 3 months from when the agency states that it anticipated issuing the task order (and more than 2 months from the date Kiewit itself assumed the task order would be issued). The protester provided no information in its proposal to explain or support the proposed schedule’s assumption that the notice to proceed and start of performance would not occur until months after issuance of the task order. While the firm argues that it intended the dates it submitted on its proposed schedule to be placeholders for the actual notice to proceed and performance start dates, our review of the record shows there is no explanatory narrative or notation in its proposal to support that intention. Likewise, the proposal does not explain what experience the firm relies on in supporting its anticipation of a delay by the agency in issuing the notice to proceed.

We find reasonable the agency’s evaluation of Kiewit’s unexplained, later than anticipated performance start date and the uncertainty presented by the proposed schedule, in relation to the agency’s anticipated dates for issuance of the task order and the notice to proceed with performance. Although Kiewit contends the agency applied an unstated evaluation criterion in this regard, timeliness of proposed schedule and ability to schedule and successfully perform the work were areas for evaluation. As the agency points out in its report, in light of the delay Kiewit’s proposal assumed between issuance of the task order and start of performance, if the agency promptly issued the task order and notice to proceed, it was uncertain from Kiewit’s proposal whether performance would be completed within the required period. Based on our review of the record, given the insufficiency of the firm’s blanket statement of compliance in light of the uncertainty introduced by Kiewit’s proposed start of performance months after issuance of the task order, and the failure of the firm to demonstrate in its proposal that its proposed dates were mere placeholders for the actual dates the agency’s notice to proceed would trigger, we have no basis to question the reasonableness of the agency’s concerns and its conclusion that the proposal was technically unacceptable.

The protest is denied.  (Kiewit Texas Construction L.P., B-402090; B-402090.2, January 12, 2010)  (pdf)

The RFQ expressly required technical submissions from each vendor demonstrating the ability to perform based on the vendor's qualifications, experience, past performance, and work plan and schedule information. The record shows that a substantial amount of required information was not submitted by John Blood; the protester does not refute the agency's item-by-item list of missing information in his quotation. Rather, the protester generally contends the agency should have concluded that his ability to perform was demonstrated by this quotation's reference to 30 years of thinning experience, and because the protester allegedly showed an understanding of the requirements in speaking with agency personnel about the work prior to submitting a quotation.

A vendor is responsible for demonstrating affirmatively the merits of its quotation and risks rejection if it fails to do so. See HDL Research Lab, Inc., B‑294959, Dec. 21, 2004, 2005 CPD para. 8 at 5. Further, no matter how competent a vendor may be, the technical evaluation must be based on information included in the firm's quotation. See Watson Indus., Inc., B-238309, Apr. 5, 1990, 90-1 CPD para. 371 at 3-4. Since the RFQ here required the vendors to include specific technical information for evaluation, we consider reasonable the agency's determination that the protester's failure to submit the information rendered its quotation technically marginal, at best, and presented substantial performance risk. Given these agency findings, we have no basis to question the reasonableness of the agency's selection of the higher-priced, but technically superior, lower risk quotation from Lara Brothers.  (John Blood, B-402133, January 15, 2010)  (pdf)

Argon argues that the agency unreasonably determined that its proposal did not establish compliance with the MTBOMF¹ requirement. In considering protests challenging the evaluation of proposals, we will not reevaluate proposals; rather, we will examine the record to determine whether the agency’s evaluation conclusions were reasonable and consistent with the terms of the solicitation and applicable procurement laws and regulations. Engineered Elec. Co. d/b/a/ DRS Fermont, B‑295126.5, B-295126.6, Dec. 7, 2007, 2007 CPD para. 4 at 3-4. We find the agency reasonably concluded that Argon’s proposal did not establish compliance with the MTBOMF requirement.

It is undisputed that Argon’s initial proposal contained no information whatsoever relating to the ability of its CPS to meet the solicitation’s MTBOMF¹ requirement. Argon’s response to the ensuing discussion questions included an estimate of MTBOMF expressed in terms of hours ([deleted]), but was silent as to the temperature at which the estimate could be achieved. The agency appears to have considered this information sufficient, but any such conclusion was unwarranted, since MTBOMF was not expressed in terms of number of hours at the specified temperature of 25C. The information thereafter provided by Argon in its FPR was similarly noncompliant with the requirements of the RFP; the MTBOMF hourly figure ([deleted]) failed to meet the minimum requirement of 15,000 hours, and was expressed at a temperature (55C) that was outside the specified operating parameters for the CPS.

Argon asserts that the agency should have applied the “Arhenius” model or equation, which allegedly has led to a rule of thumb that a 10C change in operating temperature results in a doubling (or halving) of reliability predictions; according to the protester, using this approach would have allowed the agency to project the MTBOMF of Argon’s proposed CPS at 25C using the data provided for MTBOMF at 55C. Protest, May 11, 2009, exh. 4, at 2-3. This argument is without merit. The agency has produced evidence both that its evaluators were unaware of this rule of thumb, and that the model’s reliability is both suspect, and dependent upon having various data that were not included in Argon’s proposal. AR, exh. 13, at 2-4. Argon has not shown otherwise. In any case, an offeror is responsible for submitting an adequately written proposal and bears the risk that, if it fails to do so, its proposal may be rejected as unacceptable. L-3 Communications EOTech, Inc., B-311453, B-311453.2, July 14, 2008, 2008 CPD para. 139 at 4. Argon could not provide inadequate MTBOMF information in response to the specific RFP requirement and then rely on the agency to evaluate the information based on an approach not referenced in the RFP (or, for that matter, in the protester’s proposal).  (Argon ST, Inc., B-401387, August 6, 2009)  (pdf)

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¹ mean time between operation mission failure.

The TOPR¹ provided for the issuance of a task order to the vendor whose proposal provided the “best value” to the government considering technical support (with subfactors for technical expertise, services, and quality control) and price. TOPR at 6. As relevant here, under the technical expertise subfactor vendors were required to address staffing levels, including a detailed description of the staffing outline for all positions. Id. The solicitation, as issued, included historical workload data to assist vendors in developing their staffing plans, but after receiving and evaluating initial quotations the agency provided vendors with the government’s estimated minimum staffing. Army E-mail, Mar. 17, 2009. The Army also sent each vendor discussion questions concerning specific weaknesses in their proposals. Following the receipt and evaluation of final proposal revisions, both Altech’s and GC&E’s proposals were rated acceptable for each non-price factor. Altech proposed a price of $15,386,930.68, and GC&E a price of $18,933,348.40. The agency selected Altech’s proposal for issuance of the task order.

GC&E asserts that the agency misled it into increasing its price unnecessarily. Specifically, the protester states that it initially offered to perform with a staff of 40, but that it increased its staff to 51 after the agency provided the minimum staffing estimate showing a staff of 51. GC&E states it believed the estimate reflected the agency’s minimum requirements, and that it only learned after award that the estimate was not intended to establish a minimum. GC&E asserts that this increase in its proposed staffing resulted in a substantial increase in its price, and concludes that, had it not increased its staffing, it would have received the task order.

This argument is without merit. The e-mail transmitting the staffing estimate advised vendors that, “The staffing provided is not the solution, but represents the Government’s minimum staffing to perform the requirements of the PWS.” Army E‑mail, Mar. 17, 2009. Vendors questioned this statement, and the Army responded to all vendors that, “The minimum staffing provided is only an estimate. It is the contractor’s responsibility to determine how to staff to support the requirements of the PWS.” Questions and Answers, Mar. 20, 2009. Since the response expressly stated that the minimum staffing was only an estimate, and provided that vendors were to determine their own staffing, there was no reasonable basis for GC&E to treat the estimate as a minimum requirement; if GC&E believed that its initially proposed staffing was adequate to perform the requirements of the task order, it should have been clear that it was free to leave its staffing unchanged.  (GC&E Systems Group, Inc., B-401315; B-401315.2, July 9, 2009)  (pdf)

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¹ task order proposal request.

SPAAN challenges the agency’s evaluation of the firm’s proposal under the technical understanding/approach, management approach, and past performance factors and contends that its proposal should have been found to be one of the most highly rated and included in the competitive range. With respect to the evaluation of its proposal under the technical understanding/approach factor, SPAAN disagrees that it did not adequately discuss how the firm would ensure technical quality in performing the contract and that it had not adequately discussed its quality assurance plan. In this regard, SPAAN cites certain pages of its proposal as assertedly demonstrating the firm’s approach to ensuring technical quality. See Protester’s Comments at 12-13. SPAAN also argues that, as it indicated in its proposal, SPAAN, as the incumbent contractor, had successfully integrated its quality assurance plan with the agency’s quality control and quality assurance requirements, which SPAAN contends satisfies the RFP’s requirement to describe how the firm would ensure technical quality. SPAAN concludes that, absent DOE’s allegedly unreasonable evaluation, the firm’s proposal would have received more than the two points it received under this factor.

DOE contends that SPAAN’s proposal addressed a “traditional program management-based approach to the work (e.g., implementing internal project controls, schedule control, tracking performance indicators)” and identified the work to be performed but did not substantively address how the firm would ensure technical quality. See AR, Tab 5, Initial SEB Report at 43. In this regard, DOE also notes that, despite the solicitation’s explicit instructions, SPAAN failed to provide an outline or summary of its quality assurance plan and that it is an offeror’s obligation to prepare a proposal that adequately addresses the solicitation’s requirements.

We agree with DOE that an offeror bears the burden of submitting an adequately written proposal, and that it runs the risk that the firm’s proposal will be evaluated unfavorably when it fails to do so. See American Ordnance, LLC, B-292847 et al., Dec. 5, 2003, 2004 CPD para. 3 at 4. Here, we find from our review of SPAAN’s technical proposal, including those parts to which SPAAN cites in its comments, that SPAAN provided little discussion of how it would ensure technical quality (that is, little discussion of how SPAAN would ensure the “appropriateness, accuracy, completeness” of its work products, as required by the RFP). We also find that SPAAN did not provide an outline or summary of its quality assurance plan, although this too was required by the RFP. Given these shortcomings in SPAAN’s proposal, we cannot say that DOE acted unreasonably in assessing these failures to be a significant proposal weakness.

Although its true that SPAAN referenced in its proposal the firm’s incumbent performance, including its integration of a quality assurance plan, we disagree with SPAAN’s apparent belief that, because the firm, as the incumbent contractor, had successfully implemented a quality assurance plan in its prior contract, DOE should accept SPAAN’s experience in this regard in lieu of an adequately written proposal addressing all of the solicitation’s requirements. See HealthStar VA, PLLC, B‑299737, June 22, 2007, 2007 CPD para. 114 at 2; Interactive Commc’n Tech., Inc., B‑271051, May 30, 1996, 96-1 CPD para. 260 at 2. In this regard, offerors’ past performance was evaluated under another evaluation factor, for which SPAAN’s proposal received credit for its performance of the incumbent contract.  (SPAAN Tech, Inc., B-400406; B-400406.2, October 28, 2008) (pdf)

Sauer essentially argues that the agency unreasonably evaluated its proposal. Specifically, Sauer contends that the RFP only required offerors to describe in narrative form how the offeror could meet the contract requirements and that the RFP permits the AWS certification requirement to be met through a narrative description and that Sauer did mention in its narratives that AWS standards were used on prior projects.

In reviewing a protest against an agency’s proposal evaluation, our role is limited to ensuring that the evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations. National Toxicology Labs., Inc., B-281074.2, Jan. 11, 1999, 99-1 CPD para. 5 at 3. An offeror is responsible for submitting an adequately written proposal, and runs the risk that its proposal will be evaluated unfavorably where it fails to do so. Carlson Wagonlit Travel, B-297016, Mar. 6, 2001, 2001 CPD para. 49 at 3. Based on our review of the record, the agency’s evaluation of Sauer’s proposal as a “No Go” was reasonable given Sauer’s lack of documentation demonstrating its performance of projects involving AWS certification.

Although the RFP allowed offerors to describe in narrative form their ability to satisfy the RFP’s requirements, the RFP emphasized the importance of providing information sufficiently detailed to clearly describe the offeror’s capabilities to successfully complete the project. The RFP also warned that proposals that did not include substantial evidence of the offeror’s experience, qualifications and production capability would be considered unacceptable. With respect to the welding and weld testing experience requirements, the RFP clearly required offerors to provide “documentation showing AWS certification for this type of work.” Moreover, the RFP specifically provided that offerors providing documentation of completion of projects similar in scope and size and AWS certification for similar work would be considered to have satisfied the minimum requirements of the RFP.

Sauer’s proposal did not provide any documentation to demonstrate that its prior experience involved welding work that required AWS certifications. Rather, Sauer merely described its prior projects and stated that “[w]eldment required certified welders and weld testing of full pen welds to AWS standards.” Sauer Proposal Section 2, Experience at 1. Sauer’s explanation that it performed weld testing to AWS standards is not the same as establishing that it performed welding work that required AWS certifications or documentation to that effect. In contrast, other offerors provided copies of the AWS certification for the individual employees that performed the work on their prior contracts. Given that the RFP was very specific concerning the requirement for documentation showing AWS certification on prior projects, the agency reasonably concluded that Sauer’s proposal was unacceptable based on Sauer’s lack of documentation concerning AWS certification with respect to any of its prior projects.  (Sauer, Incorporated, B-400709, December 22, 2008) (pdf)

In its pre-oral presentation evaluation, the AEEB assigned a notable weakness to the protester’s submission under factor 6, stating that the “Offeror did not clearly explain [how] it would adapt to increasing capacity of this contract. The Offeror stated that they would be operating at 50% capacity in 6 months and 80% capacity in 12 months.” AR, Tab 6, AEEB Report, at 6.

As noted above, offerors were provided at the oral presentations with a list of questions to which they should respond. The last of HGL’s questions stated: “The proposal includes an estimate that key staff will have 50% availability in 6 months and 80% availability at the end of the year. Please describe the personnel and companies included in this estimate.” Id. at 4. In its post-oral presentation analysis, the AEEB stated that “during the oral presentation, HGL was asked to explain a statement in the written document regarding capacity (that HGL would be able to provide service at 50% at 6 months, 80% in 12) and did not satisfactorily explain how this would work to the AEEB.” AR, Tab 11, AEEB Final Report, at 3.

The protester argues that the agency unreasonably took one sentence in its submission out of context, when the submission, read as a whole, repeatedly asserted that HGL would be prepared to fulfill the contract requirements at the inception of contract performance. We disagree.

An offeror has the responsibility to submit a well-written proposal, with adequately detailed information, which clearly demonstrates compliance with the solicitation requirements and allows a meaningful review by the procuring agency, CACI Techs., Inc., B-296946, Oct. 27, 2005, 2005 CPD para. 198 at 5, and that contains all the information that was requested or necessary to demonstrate its capabilities in response to the solicitation. HealthStar VA, PLLC, B-299737, June 22, 2007, 2007 CPD para. 114 at 2. A protester’s mere disagreement with the evaluation, as noted above, provides no basis to question the reasonableness of the evaluators’ judgments. See CH2M Hill, Ltd., supra.

In our view, based on the reference in HGL’s submission to “50% availability in six months and up to 80% availability within 12 months” of its “key personnel and technical staff,” it was not unreasonable for the agency to seek confirmation from HGL regarding the availability of the personnel proposed for the contract. To that end, four of the 15 oral presentation questions presented to HGL by the agency concerned staffing, including the last question, quoted above, which was specifically directed at obtaining clarification of the statement in the protester’s SF 330 regarding staffing availability. The record shows, however, that the protester failed to persuade the agency that it would have the key individuals with which it intended to staff the contract ready at the inception of performance, and that it was prepared to deal with the staffing contingencies that might arise. Because HGL did not provide the confirmation the agency was seeking, it was reasonable for the agency to characterize this area as a notable weakness and ultimately rely on it as the primary discriminator between the two strong submissions from HGL and ITSI.  (HydroGeoLogic, Inc., B-311263; B-311263.2, May 27, 2008) (pdf)

The evaluation of proposals is a matter within the discretion of the procuring agency, since the agency is responsible for defining its needs and deciding on the best methods of accommodating them. We will question the agency’s technical evaluation only where the record shows that the evaluation does not have a reasonable basis or is inconsistent with the RFP. Pacifica Servs., Inc., B-280921, Dec. 7, 1998, 98-2 CPD para. 137 at 3. Since an agency’s evaluation is dependent upon the information furnished in a proposal, it is the offeror’s responsibility to submit an adequately written proposal for the agency to evaluate. Id. Here, based upon our review of the record, we find that the agency’s evaluation of LOGMET’s proposal as unacceptable was reasonable and consistent with terms of the RFP.

As noted above, LOGMET submitted documentation pertaining to two individuals for the SCBA technician position. The resume of one of the proposed individuals (Technician A) listed as one of his qualifications that he was “SCBA (self contained breathing apparatus) Trained.” AR, Tab 13. Technician A’s resume also furnished a summary of his work experience (positions held, job duties, and supervisors’ names) and the names of three references. Technician B’s resume consisted of a job description for an SCBA technician position at a local fire department, with his name inserted at the top. In other words, rather than a typical resume summarizing the candidate’s qualifications, training, and experience, this “resume” furnished only a description of the essential functions to be performed and the skills/knowledge required for performance of a particular SCBA technician position.

The Air Force explains that it could not determine from the proffered documentation that the proposed individuals had the requisite work experience or certifications to perform the SCBA technician position. With regard to Technician A, the agency explained that the evaluators could not assume that “SCBA trained” meant that the individual had received training in the maintenance of SCBA equipment since “SCBA trained” could reasonably be interpreted as signifying simply that the individual had received training in the use of SCBA gear. The agency further noted that none of Technician A’s work experience was in positions that required the performance of duties similar to those of an SCBA technician. With regard to Technician B, the agency explained that while the position description was a reasonably accurate summary of the skills and training required of an SCBA technician, there was no evidence that the proposed individual actually possessed those skills and training. In this connection, the “resume” furnished no information regarding the employee’s experience and/or training that would qualify him for the position.

In response to the agency’s argument that the evaluators could not reasonably assume that the phrase “SCBA trained” in Technician A’s resume indicated that he was trained in maintenance of SCBA equipment, the protester contends that the solicitation did not furnish any explanation as to the services to be provided--or the equipment to be maintained--by an SCBA technician. To the extent that the protester is arguing that the RFP did not make clear that the SCBA technician would be performing maintenance on SCBA equipment--and thus that experience in performing and/or certification to perform maintenance on SCBA equipment was required--we think that, given that this was a solicitation for maintenance services, offerors reasonably should have understood that one of the functions to be performed by an SCBA technician was maintenance of SCBA equipment.

The protester also argues that if the evaluators had questions regarding the nature of Technician A’s SCBA training, they should have contacted one of the references listed on his resume, who was identified as a “Firefighter/EMT--Paramedic.” We disagree. First, as noted above, it is the offeror’s responsibility to submit an adequately written proposal, and contracting agencies are not obligated to go in search of needed information that the offeror has omitted or failed to present. Delphinus Eng’g, Inc., B-296902, B-296902.2, Sept. 20, 2005, 2006 CPD para. 7 at 8. Second, there was nothing in Technician A’s resume to suggest that the firefighter/EMT whom he listed as a reference had any involvement in furnishing him with SCBA training. In fact, there was no indication in the resume that the firefighter/EMT had been associated with the proposed technician in any professional capacity.

With regard to Technician B, the protester argues that the documentation that it submitted demonstrates that the candidate secured employment with a local fire department as an SCBA technician, and thus he may be presumed to possess the qualifications, training, and experience necessary for such a position. We do not think that it is apparent from the documentation furnished by the protester that Technician B in fact secured or performed the job described. Further, even assuming that he did fill the position described, there is no information confirming that he had the experience or qualifications for it, nor is there any information regarding the tenure of his employment at the job.

In sum, we think that the agency had a reasonable basis for finding that the protester failed to demonstrate that it had a qualified individual to fill the position of SCBA technician, and, as a consequence, for determining the protester’s proposal technically unacceptable.  (LOGMET, B-400535, October 30, 2008) (pdf)

Our Office has long recognized that, as a general matter, it is an offeror’s responsibility to submit an adequately written proposal with sufficient information for the agency to evaluate and determine compliance with the solicitation’s requirements. Interstate Gen. Gov’t Contractors, Inc., B-290137.2, June 21, 2002, 2002 CPD para. 105 at 5; Better Serv., B-256498.2, Jan. 9, 1995, 95-1 CPD para. 11 at 2. With regard to the role of the agency, our Office has held that in evaluating a proposal, an agency is under no obligation “to decipher a poorly organized proposal,” Shumaker Trucking and Excavating Contractors, Inc., B-290732, Sept. 25, 2002, 2002 CPD para. 169 at 5, or to reach favorable conclusions regarding the merits of a proposal or the compliance of the proposal with a solicitation’s requirements where the information supporting such conclusions is “not readily apparent,” DATEX, Inc, B-270268.2, Apr. 15, 1996, 96-1 CPD para. 240 at 6, “not clearly delineated,” Joint Mgmt. & Tech. Servs., B-294229; B-294229.3, Sept. 22, 2004, 2004 CPD para. 208 at 5, or not set forth with the requisite degree of precision required by the RFP. Ace Info. Sys., B-295450.2, Mar. 7, 2005, 2005 CPD para. 75 at 8; United Def. LP, B-286925.3 et al., Apr. 9, 2001, 2001 CPD para. 75 at 19. Nor is an agency required to “deduce[]” that a proposal meets certain requirements where the proposal lacks the level of detail the RFP requires, SOS Interpreting, Ltd., B-287505, June 12, 2001, 2001 CPD para. 104 at 11-12, or accept a proposal that the agency finds is unclear or ambiguous regarding its merits or compliance with the solicitation’s requirements. Ace Info. Sys., supra at 7; Innovative Commc’s Techs., Inc., B-291728; B-291728.2, Mar. 5, 2003, 2003 CPD para. 58 at 5-7; JAVIS Automation & Eng’g, Inc., B-290434; B-290434.2, Aug. 5, 2002, 2002 CPD para. 140 at 6 (it is not the agency’s obligation to fill in gaps in an offeror’s proposal during the evaluation process).

As indicated above, the RFP advised that in completing the functional requirements matrix, which included the solicitation’s provisions regarding intellectual property/data rights, offerors were to “provide a description of how the proposed solution meets the requirements stated.” RFP at 69. As recognized by the agency in evaluating the protesters’ proposals, the protesters did not do this. That is, the protesters, rather than providing “a description” of how their proposals evidenced compliance with the solicitation’s provisions regarding intellectual property/data rights, chose to state simply that “[d]ata rights are governed by the applicable provisions of the Avue Master Subscription Agreement,” and then set forth certain provisions of the Avue Master Subscription Agreement. This approach left it to the agency to “deduce” whether the Avue Master Subscription Agreement evidenced compliance with the solicitation provisions regarding intellectual property/data rights.

As set forth above, the agency found that the provisions of the Avue Master Subscription Agreement included in the proposals were unclear in a number of areas with regard to data rights, or too narrowly defined the intellectual property/data that would be considered the agency’s, and that it appeared from the Master Subscription Agreement that the intellectual property/data rights provisions in the RFP would not be met. Although the protester clearly disagrees with the agency’s determinations, based upon our review of the record, we have no basis to question the reasonableness of the agency’s evaluation. Simply put, it was the protesters’ obligation to submit proposals with adequately detailed information in such a manner as to allow for a meaningful review by the agency, Shumaker Trucking and Excavating Contractors, Inc., supra, and the protesters, who did not provide any explanation in their proposals regarding the proposals’ compliance with the solicitation’s intellectual property/data rights provisions, failed to do so.  (Avue Technologies Corp.; Carahsoft Technology Corp., B-298380.4, June 11, 2007) (pdf)

As we have often stated, an offeror must submit an adequately written proposal or it runs the risk of having its proposal rejected as unacceptable. Dynamic Mktg. Servs., Inc., B-279697, July 13, 1998, 98-2 CPD para. 84 at 6. Here, the complaint raised by L-3 concerning the endurance-live fire test was the result of its failure to identify how its locking nut was to be tightened, and not because of agency error. Under these circumstances, we cannot find the agency’s testing approach unreasonable.

L-3 nevertheless asserts that its test failure was not design related, but was the result only of a “minor informational deficiency” that could have been corrected easily by asking L-3 whether a tool was required to properly tighten the nut. L-3 contends that given this minor issue and the fact that this was the only one of the “essential criteria” that its sample failed to satisfy, the agency should allow L‑3 to correct the informational deficiency and repeat the pass/fail test, especially because the failure to do so resulted in the establishment of a competitive range of one. Supp. Protest and Comments at 9.

Federal Acquisition Regulation (FAR) permits an agency to limit the competitive range to only the “most highly rated proposals” and does not require that discussions be held with offerors that are not included in the competitive range. FAR sections 15.306(c)(1), (d)(1). We have held that there is nothing inherently improper in a competitive range of one where the agency has a reasonable basis for its competitive range determination. M&M Investigations, Inc., B‑299369.2, B-299369.3, Oct. 24, 2007, 2007 CPD para. 200 at 3. As indicated above, this RFP clearly established the ground rules for testing the samples as well as the consequences--“elimination from further consideration for award”--for offerors whose proposed bid sample failed any one of the 15 “essential criteria.” Given these ground rules, we cannot find unreasonable the agency’s decision to exclude L-3’s proposal and bid sample from the competitive range where, as here, the proposal failed an “essential criteria” test and the only complaint about this failure is related to L-3’s inadequately drafted proposal, and not because of agency error or flawed testing. See California Microwave, Inc., B-229489, Feb. 24, 1988, 88-1 CPD para. 189 at 6.  (L-3 Communications EOTech, Inc., B-311453; B-311453.2, July 14, 2008) (pdf)

As explained in detail below, we find that HHS’s evaluation of PPDG’s proposal, and the subsequent decision to exclude the proposal from the competitive range, were reasonable and consistent with the solicitation. The record reflects that the proposal, in large part, either parroted back in whole or part the RFP’s requirements, with a statement of PPDG’s intent to meet the requirements, or simply lacked the required information or detail for the agency to determine that PPDG understood the RFP’s requirements. Although it is true that proposals were limited to 35 pages in length, and therefore exhaustive detail could not be provided, our review of the record confirms the reasonableness of the agency’s judgment that PPDG failed to provide the level of detail that reasonably could be expected, within the page limitation stated in the RFP. Although we do not specifically address here all of the protester’s arguments concerning the evaluation of its proposal, we have fully considered all of them and find that they afford no basis to question the agency’s evaluation.  (Professional Performance Development Group, Inc., B-311273; B-311273.2, June 2, 2008) (pdf)

Mangi asserts that, although it did not propose a solution like that envisioned in RFP sect. 2, its proposal addressed all RFP requirements. It notes, for example, that its proposal set forth Mangi’s extensive experience, including the preparation of some 350 EAs and EISs, and explained its analytical process. This process included developing a description of the proposed action and alternatives; identifying connected and cumulative actions, potential types of effects, priorities, and allocations; determining data, study needs, scoping issues, and alternatives and public involvement; conducting its analyses in accordance with its analytic process, documenting the results, and providing an innovative concordance analysis to show the ways in which each EA differs from the other ones in structure, analysis, schedule, and conclusions. Mangi Supplemental Comments at 4-5. With regard to its proposed subcontractors, Mangi notes that it clearly proposed that it would be responsible for the EAs and that the subcontractors would serve as specialty consultants; this recognized that performance would be based mainly on existing knowledge, literature reviews, and other appropriate material. Id. at 5-6. Since Mangi itself, not its subcontractors, was to be responsible for producing the 20 EAs, Mangi asserts that it was improper for the agency to criticize its proposal for failing to provide evidence of adequate management oversight of its subcontractors with regard to production of the EAs.In considering a protest of an agency’s proposal evaluation, our review is confined to determining whether the evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations. United Def. LP, B‑286925.3 et al., Apr. 9, 2001, 2001 CPD para. 75 at 10‑11.  This aspect of the evaluation was unobjectionable. While the agency was well aware that Mangi itself had extensive NEPA experience, as noted, the agency was concerned with the number of completed projects and its proposed subcontractors’ apparent lack of NEPA experience. Further, while the agency recognized that the proposal stated that Mangi would perform the bulk of the work, it found that this was not so clear from a complete reading of the proposal. For example, immediately after stating that Mangi and its personnel would play a “major role in the centralized planning, conduct and documentation of the EAs,” Mangi’s proposal stated that its “[s]ubcontractors and their personnel familiar with each state will substantially assist with the state-by-state scoping, planning, data gathering and analysis within the systematic [Mangi] approach.” Mangi Proposal at 23. This language led the agency to question whether Mangi might rely heavily on its proposed subcontractors, which was problematic because it appeared that they lacked NEPA experience. Here, as with the other areas of its proposal evaluated as weak or deficient, while Mangi may have attempted to cover the requirements of the RFP, the agency found that its proposal failed to do so in a clear and understandable manner. We think the agency’s conclusion was reasonable, and that it reasonably downgraded Mangi’s proposal on this basis. See HDL Research Lab, Inc., B-294959, Dec. 21, 2004, 2005 CPD para. 8 at 5 (an offeror is responsible for affirmatively demonstrating the merits of its proposal and risks rejection of its proposal if it fails to do so).  (B-299721.4, The Mangi Environmental Group, Inc., January 24, 2008.  (The Mangi Environmental Group, Inc., B-299721.4, January 24, 2008) (pdf)

In responding to the sample task orders, offerors were asked to identify the composition of the contractor team that would be used to perform the task. This required listing the prime contractor, the lead subcontractor (if not the prime) and all other companies that would be involved. Offerors were then instructed to describe how the proposed contractor team would perform the sample task by indicating which company would perform which parts of the team effort. In addition, the RFP required that the proposal describe up to three team examples of experience. VetTech in its response to Task Order 1, listed itself, Cepeda Systems & Software Analysis, Inc. (CSSA) and Sparta, Inc. as the team members VetTech proposed to support this task order, however, the task-related experience examples provided by VetTech identified the experience of individuals employed by Computer Sciences Corporation, MagnaCom and CSSA. VetTech Proposal, Vol. IV, at IV-1-2. The agency found VetTech’s response deficient because VetTech failed to provide the related experience of individuals employed by team members proposed to support the task orders. Consequently, the agency could not determine whether VetTech’s proposed team members themselves had the required task-related experience.  Likewise, with Task Order 2, VetTech listed CSC, Sparta and VetTech as the team members to support this task order, however, VetTech only identified the experience examples as those of the “VetTech team member” and did not identify which specific team member possessed the task-related experience. Id. at IV-2-2. In its protest to our Office, VetTech argues that there was no requirement that the proposed individuals with task-specific experience had to be employed by the companies designated to support the tasks, and thus its proposal met the RFP requirement. We disagree with VetTech’s assertion. While VetTech argues that there was no requirement to provide this information, the RFP did require that the offeror identify at least three team examples of task-related experience. VetTech’s proposal was unclear as to which team members would be performing the work and failed to provide the task specific experience of the team member.

It is incumbent upon the protester to submit a response to the sample task orders that clearly demonstrated that it understood the requirement and proposed a plan, with appropriate team members, that detailed its ability to satisfactorily perform the task. An offeror has the responsibility to submit a well-written proposal, with adequately detailed information, which clearly demonstrates compliance with the solicitation requirements and allows a meaningful review by the procuring agency. CACI Techs., Inc., B-296946, Oct. 27, 2005, 2005 CPD para. 198 at 5. In this regard, an offeror must affirmatively demonstrate the merits of its proposal, and risks the rejection of its proposal if it fails to do so. HDL Research Lab, Inc., B-294959, Dec. 21, 2004, 2005 CPD para. 8 at 5. Where a protester challenges an agency’s evaluation of a proposal’s technical acceptability, our review is limited to considering whether the evaluation is reasonable and consistent with the terms of the RFP and applicable procurement statutes and regulations. National Shower Express, Inc.; Rickaby Fire Support, B‑293970, B-293970.2, July 15, 2004, 2004 CPD para. 140 at 4-5. On this record, we find no basis to question the reasonableness of the agency’s determination that VetTech’s proposal failed to meet the solicitation requirements. (Veterans Technology, LLC, B-310303.2, January 7, 2008) (pdf)

Benchmade also challenged the agency’s use of SF 26 to make a split award. The protester argues that because the agency did not obtain the awardee’s consent to use SF 26 and its signature on it, there was no legally binding agreement between those two parties. The language of the RFP, noted above, put prospective offerors on notice that the agency considered it proper to make a split award using the SF 26; in fact, Benchmade’s own contract for the other knife under the RFP was issued using SF 26 as well. Benchmade raised this challenge to the terms of the RFP in a supplemental protest filed May 29, 2007, well past the solicitation closing date of November 17, 2006; this protest ground is therefore untimely. See 4 C.F.R. sect. 21(a)(1) (2007). Benchmade’s argument that the language of the RFP was too speculative to form the basis of a protest is unpersuasive, given the agency’s clearly stated position in the RFP that it reserved the option to make a split award using SF 26. (Benchmade Knife Co., Inc., B-299366.3, B-299366.4, July 16, 2007) (pdf)

The agency explains that Beck’s proposal was downgraded--it received 10 of the 50 available points--for a number of weaknesses, only one of which was its failure to propose any use of helicopters. In this regard, the RFP notified offerors that some of the project sites were in very rugged terrain with deep drainages and steep slopes, RFP sect. C.1.4.1, and called for offerors to inspect the sites prior to submitting proposals. RFP sect. L, para. 52.237-1. The agency explains that its policy is not to specify the type of aircraft to be used, and the RFP clearly provided that the tools and equipment used for application of herbicides was at the contractor’s discretion. RFP sect. C.5.1.2. The agency considered fixed-wing aircraft appropriate for some of the applications here, but believed that helicopters would be better suited to others. Beck’s maintains that it can accomplish all of the work with fixed-wing aircraft, and that it thus was improper to downgrade its proposal for this reason. However, Beck’s brief technical proposal--a cover letter and list of references--did not address in any detail the firm’s experience or ability to make fixed-wing applications over all types of terrain to be encountered under the contract. Further, as noted by the agency, Beck’s proposal was downgraded for a variety of weaknesses--not just the failure to propose the use of helicopters--including its overall lack of detailed information. The RFP required offerors to provide evidence of their ability to perform the project, cautioning them that sufficient information had to be presented to enable the agency to evaluate the firms’ qualifications. RFP sections L.1.1, L.1.2. In this regard, it called for offerors to submit resumes that included a narrative description of the offeror’s noxious weed control background, experience and performance on its three most recent jobs, and related work experience. RFP sect. L.2.3. While Beck’s proposal identified, for example, experience with various noxious weeds, it included no resumes or other narrative describing Beck’s noxious weed control background. Likewise, while the proposal stated that Beck’s pilot was qualified to read maps, and proposed to use the global positioning system (GPS)--as required by RFP sect. C.3.6--it included no information explaining how its GPS would translate ground information or who would operate it. We find nothing unreasonable in the agency’s conclusion that applications by helicopter may be necessary under the contract--and its downgrading of Beck’s proposal accordingly. Likewise, since Beck’s did not address other areas of the RFP in its limited proposal, there is no basis for us to object to the agency’s downgrading the proposal on that basis under the technical capabilities factor. An offeror has the burden of submitting an adequately written proposal and runs the risk that its proposal will be evaluated unfavorably where it fails to do so. Carlson Wagonlit Travel, B‑287016, Mar. 6, 2001, 2001 CPD para. 49 at 3, 6.  (Beck's Spray Service, Inc., B-299816,August 9, 2007) (pdf)

Throughout Wizdom’s protest, there appear express and implicit assertions that the agency should have considered information that Wizdom believes is, or should have been, general knowledge regarding Wizdom’s experience, capabilities, or how Wizdom intended to perform this contract. In this regard, an offeror/vendor bears the responsibility to submit an adequately written proposal/quotation that includes sufficiently detailed information to affirmatively demonstrate that the offeror/vendor will comply with the solicitation requirements. ADC, Ltd., B-297061, Oct. 14, 2005, 2005 CPD para. 178 at 5. To the extent Wizdom’s protest is based on the premise that the agency should have considered information that was not provided within Wizdom’s quotation, the protest is without merit.  (Wizdom Systems, Inc., B-299829, August 3, 2007) (pdf)

GTI argues that the TEC’s determination that its proposed IP telephones were not currently available in the United States was improper. The protester contends that its proposal made no representation with respect to the availability dates for its OpenStage telephones,[5] and, as a result, the agency evaluators could not reasonably conclude that GTI’s proposed telephones were unavailable without first confirming the matter with either GTI or the telephone’s manufacturer. Comments, May 14, 2007, at 9. GTI’s argument here reflects a fundamental misunderstanding of the proposal process. It is an offeror’s responsibility to submit a well-written proposal, with adequately detailed information, which clearly demonstrates compliance with the solicitation requirements and allows for a meaningful review by the procuring agency. CACI Techs., Inc., B-296946, Oct. 27, 2005, 2005 CPD para. 198 at 5. An offeror is responsible for affirmatively demonstrating the merits of its proposal and risks the rejection of its proposal if it fails to do so. HDL Research Lab, Inc., B-294959, Dec. 21, 2004, 2005 CPD para. 8 at 5. Here, since it was GTI’s responsibility to establish the timely availability of its proposed IP telephones--not, as the protester argues, the evaluators’ responsibility to establish unavailability--and GTI admittedly failed to do so, we find the agency’s evaluation to be entirely reasonable. (Government Telecommunications, Inc., B-299542.2, June 21, 2007) (pdf)

Our review of HealthStar’s proposal indicates that the assignment of these two weaknesses was well-founded. Nevertheless, HealthStar, the incumbent contractor, complains that it was not evaluated in a reasonable manner because the agency should have considered its knowledge of its incumbent contract performance in evaluating these areas. In its protest filings addressing the patient-focused care weakness, HealthStar details in its protest a plethora of patient-focused services, which were admittedly not identified in its proposal due to page constraints. With regard to the other significant weakness, HealthStar asserts that its proposal stated that all professional staff were licensed, in good standing, credentialed in the Veterans Administration system, and that copies, while not included in its proposal, were available on file in the Central Arkansas Veterans Healthcare System or would be provided upon request; again, HealthStar asserts that the agency was aware of these licenses because of its incumbent status, which were not submitted due to the page limitations. An offeror’s technical evaluation is dependent upon the information furnished; there is no legal basis for favoring a firm with presumptions on the basis of its incumbent status. It is the offeror’s burden to submit an adequately written proposal; an offeror, including an incumbent contractor, must furnish, within its proposal, all information that was requested or necessary to demonstrate its capabilities in response to the solicitation. Computerized Project Mgmt. Plus, B-247063, Apr. 28, 1992, 92-1 CPD para. 401 at 3. Based on this record, the agency’s assignment of the two weaknesses to HealthStar’s proposal because it did not provide the information requested by the RFP was reasonable.  (HealthStar VA, PLLC, B-299737, June 22, 2007) (pdf)

Mathews Associates, Inc. protests the rejection of its proposal submitted in response to request for proposals (RFP) No. W15P7T-06-R-N204, issued by the Department of the Army’s Communications-Electronics Life Cycle Management Command to procure loudspeakers and battery boxes for use in the Single Channel Ground and Airborne Radio System. Mathews argues that the Army unreasonably rejected its proposal after concluding that every page of the proposal exceeded the solicitation’s specified margin limitations. The solicitation instructions limited proposals to 25 pages, specified the margin settings and font sizes to be used, and required that proposals be submitted electronically. As the Army notes, there is no dispute here that every page of the protester’s proposal exceeded the margin limitations in the solicitation, and that the solicitation clearly advised that no page that exceeded the margin, font, or page limitations would be read. In addition, while conceding the relative technical ease with which reformatting could be accomplished, the Army raises several concerns about the impact of a decision holding that it was required to reformat the protester’s proposal, or allow the protester to do so. Among the concerns the Army raises is the potential dispute between it and Mathews about how the reformatting should be accomplished. In the Army’s view, any reformatting should only involve a change to the margin settings in the electronic document, which, it claims, would add four pages to the proposal. In the protester’s view, the Army should not only change the margins in its submission, but should make some additional changes to spacing and headings that would allow the proposal to meet the 25-page deadline. Alternatively, the protester argues that the Army should change the margins and simply not read the portion of the proposal that exceeds the page limitation. In our view, the protest here is rendered a closer call than it might have been several years ago because of the nature of electronic submissions. For example, in 1991 our Office considered a protest from an offeror that had disregarded both a solicitation’s page limitation and the requirement that proposals be double-spaced. After 59 pages of the protester’s 117-page submission were not read--with the expected negative result on its competitive posture--the protester argued that it “could retype the proposal using double space in a few days.” Our Office held that the agency was not required to give the protester a few more days to retype its proposal. All Star Maint., Inc., B-244143, Sept. 26, 1991, 91-2 CPD para. 294 at 4. In contrast, the agency here would not be required to wait for a reformatted proposal, and could, in fact, complete the reformatting itself in a matter of minutes, without the offeror’s involvement. The question before us, however, is not what the agency could do, but what it was required to do. Viewed in this light, we do not think the Army was required to reformat, or allow Mathews to reformat, the proposal. We note first that, as in All Star Maint., Inc., the solicitation requirements at issue in this protest are clear, and were not contested by the protester. In addition, there is no dispute about the facts of this case--the proposal here did not contain a single page that complied with the solicitation’s margin requirements. Simply put, we know of no reason why an agency should be required to allow an offeror to reformat its proposal when the solicitation’s requirements were so clear. While the protester asserts that reformatting--or allowing the protester to reformat--its proposal does not appear to pose a significant risk of unfairness to other offerors, that view does not translate into a requirement that the agency take such action, given the RFP’s clear instructions regarding formatting and the consequences of not complying with those instructions. In addition, we think the record here supports the agency’s contention that the approach urged by Mathews raises the possibility of further disputes about the manner in which the reformatting is accomplished. In our view, the agency should not be forced to assume the risk of such potential disruptions to the procurement due to the reformatting made necessary by Mathews’ failure to comply with the unequivocal requirements of the RFP. Finally, we recognize that many of our prior cases, cited by both the Army and the protester, involve situations where agencies took less severe action than in this case. See, e.g., Client Network Servs., B-297994, Apr. 28, 2006, 2006 CPD para. 79 at 8 (agency reasonably downgraded proposal for failing to comply with the solicitation’s formatting requirements). On balance, however, we think there is nothing unfair, or unduly burdensome, about requiring offerors to assume the risks associated with submitting proposals that do not comply with clearly stated solicitation formatting requirements. Id.; Coffmann Specialties, Inc., B-284546, B‑284546.2, May 10, 2000, 2000 CPD para. 77 at 3. (Mathews Associates, Inc., B-299305, March 5, 2007) (pdf)

It is an offeror’s responsibility to submit a well-written proposal, with adequately detailed information, which clearly demonstrates compliance with the solicitation requirements and allows a meaningful review by the procuring agency. Ace Info. Solutions, Inc., B-295450.2, Mar. 7, 2005, 2005 CPD para. 75 at 8; Communications Data Sys. Assocs., B-223988, Oct. 29, 1986, 86-2 CPD para. 491. Procuring agencies have considerable discretion in evaluating technical proposals and, in reviewing protests challenging an agency’s evaluation of technical requirements, our Office will not reevaluate offerors’ proposals; rather, our review is limited to considering whether the agency’s evaluation of competing proposals was reasonable, consistent, and in accord with law, regulation and the terms of the solicitation. L-3 Communications Westwood Corp., B-295126, Jan. 19, 2005, 2005 CPD para. 30 at 5. A protester’s mere disagreement with an agency’s judgment is not sufficient to establish that the agency acted unreasonably. Purification Indus., Inc., B-261984, Sept. 20, 1995, 95-2 CPD para. 143 at 5. Here, the portion of CACI’s proposal responding to the “E.5” requirement only addressed “reconstruction” efforts on a particular contract performed at Andersen Air Force Base, Guam. In pursuing this protest, CACI expressly recognizes that the “reconstruction” efforts described in its proposal necessitated the engineering and professional service that the solicitation sought, acknowledging that “an engineering firm had to design this work and make sure that it was environmentally safe, that necessary permits were obtained, and that health risks were minimized.” Protester’s Comments, Sept. 6, 2005, at 15. Rather than discussing the capabilities the solicitation sought, CACI’s proposal merely referred to construction activities (installation of generators, replacement of blast doors, and burial of electrical lines)--work the PWS expressly provided could only be “incidental” to contract performance. On this record, we find no basis to question the reasonableness of the agency’s determination that CACI’s proposal failed to meet the solicitation requirements. (CACI Technologies, Inc., B-296946, October 27, 2005) (pdf)

Offerors bear the responsibility to submit an adequately written proposal with sufficiently detailed information to establish that their proposals will meet the solicitation requirements. G&M Indus., B-290354, July 17, 2002, 2002 CPD para. 125 at 4. An offeror is responsible for affirmatively demonstrating the merits of its proposal and risks the rejection of its proposal if it fails to do so. Knoll, Inc.; Steelcase, Inc., B-294986.3, B-294986.4, Mar. 18, 2005, 2005 CPD para. 63 at 3. Based on our review of ADC’s proposal, we conclude that the agency reasonably determined that ADC did not specifically address how it would meet the required human resource requirements in the SOO. ADC’s proposal does not explain in detail its approach to performing the SOO requirements; at most, ADC’s proposal affirms that it has the capability to meet the agency’s needs, citing as evidence its experience in performing background clearance work, which ADC now contends should have been considered analogous to, or encompassed within, the scope of human resource requirements in the SOO. See AR, Tab 16, ADC Proposal, at 7-9; Protest at 8-9. Accordingly, we believe that the agency reasonably determined that ADC’s proposal was technically unacceptable. (ADC, Ltd., B-297061, October 14, 2005) (pdf)

With regard to the descriptive information not considered by DOE, as noted above, Sayres provided this information as an attachment to its proposal. Because these pages exceeded the proposal page limit established by the RFP, the agency did not consider them. Sayres contends that the RFP contemplated that descriptive information such as this would be excluded from the proposal page limit as it was contemplated by the Reference Information Sheets. Although the Reference Information Sheets did in fact contain a block where offerors were to provide a "description of work," Sayres completed this block. The pages not considered, about which Sayres complains, were separate from these forms and contained information such as how Sayres' past performance satisfied the past performance subfactors, which information was required by the RFP to be contained within the 20 pages of the proposal. See RFP L.16(b)(2), (c)(3). Furthermore, in an amendment to the RFP, offerors were advised that past performance descriptions were to be part of the proposal and were subject to the proposal page limit. RFP amend. 1, Q&A 28 ("Are past performance descriptions included in the 20 page limit for Vol. 2? . . . Yes"). Since the agency's failure to consider this information was consistent with the RFP's requirement, and consistent with how it treated other offerors whose proposals exceeded the page limit, we find no basis to question DOE's evaluation in this regard. See Centech Group, Inc. , B-278904.4, Apr. 13, 1998, 98-1 CPD 149 at 5. (Sayres & Associates Corporation, B-295946; B-295946.2, April 25, 2005) (pdf)

LB&B's proposal under the staffing and authority factor by failing to take into account awardee's failure submit all required information for its proposed [deleted]. In this regard, the RFP instructed offerors to submit an organizational chart showing the names and titles of proposed key managerial and supervisory personnel and describing their respective authorities and responsibilities, as well as their qualifications and experience. RFP at 247, 2.B.1. In addition, offerors were to submit resumes for the on-site project manager and all other on-site supervisors, as well as indicate if those persons were in the offeror's employ or "if not, what commitments have been made to hire them." RFP at 248-250. Offerors were required to furnish a dedicated [deleted], who were considered "supervisory employees," Statement of Work, 12.1.A.1, 12.1.B.4.A. LB&B's revised proposal did not name its proposed [deleted], and did not identify their authorities or responsibilities, describe their qualifications, resumes, or include employment commitment information. However, LB&B proposed to hire the [deleted] under the current contract, and GSA was acquainted with these individuals and their job performance, and possessed their resumes from the protester's and another offeror's proposals. GSA found LB&B's proposal acceptable based on this information. The protester maintains that this was improper. An agency is not bound by the "four corners" of an offeror's proposal in the evaluation of proposals and may use other information of which it is aware. Forest Regeneration Servs. LLC , B-290998, Oct. 30, 2002, 2002 CPD 187 at 6. Since the agency here was aware of the resumes and qualifications and experience information omitted from LB&B's proposal, those omissions were of no import. While LB&B's proposal also did not include a description of the [deleted] responsibilities, LB&B's organizational chart did show [deleted]. AR, Tab 15, at B-2. Park Tower's proposal went further than LB&B's, specifically stating [deleted] (AR, Tab 11 at SP 7; Tab 14, 3.B), and that [deleted] (AR, Tab 11 at SP 9; Tab 14, 3.B). In our view, the listed responsibilities are fairly self-evident from the nature of the contract and the titles of the positions, and reasonably could be viewed by the agency as adding little substantive value relative to LB&B's proposal, particularly given that LB&B was proposing the individuals who were currently performing the [deleted] responsibilities. This being the case, even had the evaluators downgraded LB&B's proposal for omitting this information, there is no reason to believe it would have had any significant impact on LB&B's score or the source selection. (Park Tower Management Ltd., B-295589; B-295589.2, March 22, 2005) (pdf)

In sum, HUD found that DIY's proposal was disorganized and contained insufficient detail to demonstrate that DIY fully understood the requirements. AR, Tab 4, Initial TEP Report, at 192-193, 203, 206. While DIY disagrees with the agency's conclusions, it does not in any meaningful way rebut them, and has not otherwise shown that the evaluation was unreasonable. Under these circumstances, we have no reason to object to the agency's evaluation. Since the evaluation is unobjectionable, and DIY's standing relative to the other offerors therefore remains the same as when the agency made its competitive range determination, we have no reason to question the agency's excluding DIY's proposal from the competitive range. Wahkontah Servs., Inc., B-292768, Nov. 18, 2003, 2003CPD 214 at 7. (DIY, Inc., B-293105.13, February 7, 2005) (pdf)

In evaluating HDL's proposal, the evaluators found seven weaknesses and eight deficiencies, including five deficiencies under the design subfactor. The deficiencies, and many of the weaknesses, were principally based on the firms failure to satisfy various informational requirements in its proposal. For example, despite the RFP's requirement for detailed information, HDL's proposal lacked any information on its parts obsolescence program; did not address the required stacking requirement; did not address expedited returns; and did not make clear its maximum/available facilities production capacity or identify the labor force necessary for support of full production. An offeror is responsible for affirmatively demonstrating the merits of its proposal and risks the rejection of its proposal if it fails to do so. Arctic Slope World Servs. , B-284481, B-284481.2, Apr. 27, 2000, 2000 CPD 75; DBA Sys., Inc., B241048, Jan.15, 1991, 911 CPD 36 at 4. In our view, the agency reasonably concluded that these and other deficiencies and weaknesses were sufficient to render HDL's proposal unacceptable under the technical factor and only susceptible to being made acceptable under the management factor. Since the RFP provided that proposals must be found acceptable under all subfactors in order to be in line for award, the agency properly rejected HDL's proposal. HDL suggests that the agency should have conducted discussions to provide HDL an opportunity to correct the identified deficiencies. However, there generally is no obligation for an agency to conduct discussions where, as here, the RFP specifically instructs offerors of the agency's intent to award a contract on the basis of initial proposals. FAR 15.306(a)(3); Colmek Sys. Engg , B291931.2, July 9, 2003, 2003CPD 123 at 7. The contracting officers discretion in deciding not to hold discussions is quite broad. Our Office will review the exercise of that discretion only to ensure that it was reasonable based on the particular circumstances of the procurement. Id. We find no circumstances here that call into question the agency's decision not to engage in discussions. (HDL Research Lab, Inc., B-294959, December 21, 2004) (pdf)

Carpetmasters proposal listed nine experience/past performance references; of those, only six listed janitorial and/or grounds keeping, and of those six, only two were within the 3-year time frame. AR, ex. 6, Carpetmaster Proposal, at 12-13. Those two references within the time frame were for janitorial and campground cleanup for the U.S. Army Corps Of Engineers, and various janitorial contracts for the City of Las Vegas. Id. at 13. Neither of these references, however, listed all of the information required under the RFP, omitting contract numbers, dates of performance other than years, contract values, and details regarding the work, other than general descriptions ( e.g. , janitorial work). See id. at 15. The agency determined that the Corps and Las Vegas references were relevant and credited Carpetmaster with providing two of the three required experience references. SAR, attach. 4, Technical Ratings Summaries; SAR, attach. 3, Technical Proposal Notes, at 2-3. Based on Carpetmasters failure to provide three relevant experience references, the agency severely downgraded its proposal. SAR, attach. 2, Technical Evaluation Team Report, at 2. The protester primarily argues that its reference for various janitorial contracts with the City of Las Vegas should have been interpreted and credited as more than a single experience reference. We disagree. It is an offerors responsibility to submit a proposal with adequately detailed information to allow a meaningful review by the agency. Interstate Gen. Govt Contractors, Inc. , B-290137.2, June 21, 2002, 2002 CPD 105 at 5. Here, Carpetmasters reference for various janitorial contracts with the City of Las Vegas did not provide the information requested under the RFP. Although the agency found that the reference to the various Las Vegas janitorial contracts merited credit as a single reference, we do not believe that the agency acted unreasonably, given the lack of detailed information, in declining to credit the reference as multiple, relevant contracts. (Carpetmaster, B-294767, November 4, 2004) (pdf)

The solicitation here provides for a best-value-type evaluation; therefore, it is the vendor's burden to submit a quotation that is adequately written and establishes the merits of the quotation, or run the risk of the agency rejecting the quotation as technically unacceptable. RVJ Int'l, Inc. , supra , at 6; see Cybernet Sys. Corp. , B292600, Sept. 30, 2003, 2003 CPD 171 at 3-4. An agency may exclude from further consideration a response to a solicitation that contains significant informational deficiencies, whether the deficiencies are attributed to omitted information or merely inadequate information addressing fundamental factors. Cybernet Sys. Corp. , supra.  We conclude that the agency reasonably determined that Verizon's technical quotation was unacceptable for failure to include adequate evidence as required under the RFQ demonstrating the qualifications of the staff that would perform the contract.   We further find that the Marine Corps reasonably determined that Verizon's quotation did not satisfy the RFQ requirement to demonstrate the qualifications of its staff. The SOW estimate for total labor hours per year would require more than one FTE in 3 of the 11 labor categories, i.e. , fiber technician, inside plant technician and outside plant technician. Verizon, however, furnished only 10 resumes for 11 labor categories. Verizon did not submit a resume for the CAD drafter labor category, and it submitted only 1 resume for each of the 3 labor categories that would require multiple FTEs. In addition, the 10 resumes submitted did not identify names of staff members. Although the resumes did identify employment histories, they generally lacked depth of detail, with 7 of the 10 resumes submitted including only a half page or less of text. Verizon Technical Quotation at 43-55. (Verizon Federal, Inc., B-293527, January 15, 2004) (pdf)

It is incumbent on an offeror to submit a complete and adequately detailed technical proposal for the agency to evaluate. Dimensions Int'l/QSOFT, Inc. , B-270966, B270966.2, May 28, 1996, 96-1 CPD 257 at 5. No matter how competent an offeror's past performance may have been, an agency may reasonably base an offeror's technical evaluation entirely on the information submitted with the proposal. Id. This is particularly true where the requirements for the contract being competed differ from requirements that were previously performed. Here, the fact that CHS's past performance was rating "outstanding does not eliminate CHS's obligation to provide adequate explanation and detail substantively addressing the agency's various concerns regarding performance of the contract requirements being competed here. To the extent CHS is protesting that the agency was required to consider its past performance as, in essence, a proxy for providing the otherwise-required information in its proposal, the protest is without merit. (Comprehensive Health Services, Inc., B-292858.3; B-292858.6; B-292858.7, April 27, 2004) (pdf)

Where protester submitted proposal that failed to comply with requirement that type be no smaller than 12 pitch, agency's reformatting of the proposal into required type size--as a result of which, proposal exceeded the 30-page limit--was unobjectionable, where agency's reformatting approach was reasonable.  (Integrated Technology Works, Inc.-Teltara, Inc., B-286769.5, August 10, 2001)

Agency reasonably downgraded proposal that failed to comply with solicitation's formatting requirements, including limits on the number of pages and projects to address particular evaluation subfactors.  (Coffman Specialties, Inc., B-284546; B-284546.2, May 10, 2000)