Vern Edwards Posted October 18, 2022 Report Share Posted October 18, 2022 Speaking of ratings... and incompetence. Read R&K Enterprise Solutions, Inc., GAO B-419919.6, September 12, 2022. Read it and weep. https://www.gao.gov/products/b-419919.6%2Cb-419919.7%2Cb-419919.8 The task order "fair opportunity" was conducted pursuant to FAR 16.505. The Air Force Combat Command set forth to award a task order for "training, operations, and administrative services" under GSA's OASIS contract by issuing a Fair Opportunity Proposal Request, FOPR. Presumably pronounced fop-er. The Air Force received "proposals" from nine "offerors." As you read, keep the following long-standing and fundamental bid protest case law principle in mind: Quote [R]atings, whether numerical, color, or adjectival, are merely guides for intelligent decisionmaking. One Largo Metro LLC, et al., B-404896 et al., June 20, 2011, 2011 CPD ¶ 128 at 14. Specifically, before an agency can select a higher-priced quotation that has been rated technically superior to a lower-priced but acceptable one, the award decision must be supported by a rational explanation of why the higher-rated quotation is, in fact, superior, and explaining why its technical superiority warrants paying a price premium. Alpha Omega Integration LLC, B-419812.2, August 10, 2021. From The Nash & Cibinic Report, February 2006: Quote Scores or ratings may be helpful in contractor selection, but they are not sound bases for decisionmaking. No decisionmaker should ever base tradeoffs or source selection decisions on scores or ratings. If I were a CO today and were using a scoring or rating scheme, I would not describe it in an RFP or mention scores or ratings in a decision document. I would insist that decision documents explain tradeoffs and the decision rationale strictly in terms of specific attribute differences--good things and bad things that contribute or detract value. QUESTIONS: Did the evaluation factors make sense? Were the factors well-structured? Was the fair opportunity an essay-writing contest? Did the numerical rating scale make sense? Should the agency lawyer have rejected the decision document for explaining the decision in terms of point scores and price percentages? Why did the agency's lawyer fight that protest? The FOPR was issued on May 21, 2021. The Air Force awarded the task order on May 23, 2022. The GAO issued the decision last month. Was that fast? Too long? Quote Link to comment Share on other sites More sharing options...
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