In three related bid protest decisions made public in the last few weeks, the Government Accountability Office (GAO) reaffirmed the principle that agencies must meaningfully consider price when making best value tradeoff decisions.
GAO sustained the protests, stressing that merely paying lip service to price while selecting a more expensive, higher-rated offeror is not sufficient — agencies must provide a rational explanation for why they have decided to pay a premium for the awardee’s technical superiority.
In Solers, Inc., B-414672.3 et al.; Technatomy Corporation, B-414672.5; and OGSystems, LLC, B-414672.6 et al., three disappointed offerors challenged the Defense Information Systems Agency’s (DISA) award of Multiple Award Task Order contracts to 14 contractors as part of the Systems Engineering, Technology, and Innovation program.
The solicitation provided that DISA would make award on a best-value tradeoff basis considering price and four technical factors that, when combined, were significantly more important than price. The agency made award to the 14 highest rated proposals in the non-price factors, opining — without elaboration — that “the technical merit of those proposals justifies paying a price premium over lower-rated, lower-priced proposals.” Indeed, throughout the evaluation process, the agency repeatedly noted — again without elaboration — that the awardees’ proposals were worth a premium.
Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/11/hey-big-spender-gao-reiterates-that-agencies-must-meaningfully-consider-price-in-best-value-tradeoffs/
58 offerors bid for the Army’s recompete of its Army Desktop Mobile and Computing contract vehicle, but only 9 proposals were deemed technically acceptable. When 21 of the disqualified bidders protested, the Army took “corrective action.” It reopened the competition, allowing all offerors to submit revised proposals and new prices. But the COFC found that the proposed corrective measure was overbroad. The court’s ruling demonstrates that agencies need to tailor corrective action to procurement’s unique problems.
U.S. Customs and Border Protection said it will notify finalists over the next several days. It won’t say how many there are, but it has said previously that it would pick up to 20 for contracts expected to be valued between $200,000 and $500,000.
Normally, people outside the procurement system have no knowledge of or interest in government contracting. This can be frustrating for anyone who likes to have their work generate wider buzz, though for others the obscurity provides an opportunity to work with less distraction and hoopla.
