We've written about the problem with best value tradeoff analyses becoming lowest price technically acceptable (LPTA) awards. GAO also is concerned and recently sustained a protest. See Cyberdata Technologies, Inc., B-417084, February 9, 2019. The protest involved the Department of Commerce source selection decision which failed to go beyond the adjectival ratings to explain why proposals were technically equal resulting in award to the lowest price offeror.
The protester claimed the government abandoned the best value selection process to award the contract to the lowest offeror because the adjectival ratings were technically equal. The government argued it did nothing wrong since the contracting officer determined the proposals were technically equal. GAO saw that conclusion as superficial and unsupported by the record.
GAO restated its position that it does not reevaluate proposals, but instead examines the record to see if the decision is consistent with the stated evaluation criteria and applicable procurement laws and regulations.
GAO emphasized that the award decision must be adequately documented for review. GAO also has explained consistently that adjectival ratings are guides only. The evaluation of proposals must be based on a qualitative assessment consistent with the solicitation's evaluation scheme. Importantly, GAO reminded us the selection official must explain the basis for why proposals are considered technically equivalent.
In this case, the source selection decision did not demonstrate that the contracting officer conducted a meaningful analysis of the strengths of each of the proposals. The contracting officer concluded that because each offeror received an overall rating of good, the determining factor became price. The contracting officer failed to consider the qualitative value of the proposals. GAO send the matter back for reevaluation consistent with its decision.
The lesson is clear. Adjectival ratings are not the end all. And the source selection official must carefully analyze and document a decision based on a thorough review of the quality of the proposals. Above all, the government must follow the evaluation criteria and not turn a best value tradeoff procurement into one for lowest price, technically acceptable.
bill@spriggsconsultingservices.com bill@spriggslawgroup.com
