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B-414829.2,B-414829.3 1 (2019-02-21)

handle is hein.gao/gaobadvoj0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States


                                                DOCUMENT FOR PUBLIC RELEASE

Decision                                      The decision issued on the date below was subject to
                                              a GAO Protective Order. This redacted version has
                                              been approved for public release.

Matter of: Apogee Engineering, LLC

File:     B-414829.2; B-414829.3

Date:     February 21, 2019

Peter B. Ford, Esq., Jacqueline K. Unger, Esq., Meghan F. Leemon, Esq., and Emily J.
Rouleau, Esq., Piliero Mazza PLLC, for the protester.
Laura Wainwright, Esq., Department of Transportation, for the agency.
Joshua R. Gillerman, Esq., and Tania Calhoun, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's evaluation of the awardee's non-price proposal is
denied where the record shows that evaluation was reasonable and consistent with the
terms of the solicitation; however, allegation that the agency's price realism analysis
was unreasonable is sustained where the record does not show that the agency
considered the awardee's lower pricing in the context of the firm's technical approach.

2. Protest challenging the agency's selection decision is sustained where the record
shows that the source selection authority found the proposals technically equal by
simply comparing adjectival ratings without qualitatively assessing the underlying merits
of the technical proposals.
DECISION

Apogee Engineering, LLC, of Colorado Springs, Colorado, protests the award of a
contract to Countermeasures Assessment and Security Experts (CASE), LLC, of New
Castle, Delaware, under request for proposals (RFP) No. DTOS5916R00023, issued by
the Department of Transportation (DOT), Office of the Secretary of Transportation
(OST), for support services. Apogee, the incumbent contractor, argues that the agency
unreasonably evaluated the awardee's proposal under the technical and past
performance factors, failed to perform a reasonable price realism analysis, and made an
unreasonable source selection decision.


We sustain the protest in part and deny it in part.