RFP Contained Latent Ambiguity As To Technical Score Criteria

Friday, November 02, 2018 6:40 am
November 2018 - Volume 40 Number 11

Sustained: Past Performance

Matter of: Millennium Corporation, Inc., 2018 U.S. Comp. Gen. B-416485.2 Lexis 313 (October 1, 2018)

A protester convinced the Comptroller General that the government’s bid selection criteria granted more scoring leeway than the agency may have intended.

When the U.S. Department of the Navy (Navy) issued a request for proposals (RFP) for award of multiple indefinite-delivery, indefinite-quantity (IDIQ) contracts, it established various criteria for assigning a technical score---including, as pertinent here, the quality of an offeror’s past performance. Each offeror was to self-score its proposal against these criteria.

In its proposal, Millennium Corporation, Inc. (Millennium) gave itself a score of 6,375 out of a maximum 8,000 possible points. But the agency downgraded that score to 5,975 due to its assessment that Millennium included an improper scoring category under the past performance factor. Because of this reduction, Millennium was not among the highest-rated offerors and was not eligible for the award.

Millennium protested, claiming the downward adjustment to its self-score was improper, unreasonable, and not in accordance with the plain language of the solicitation. The Comptroller General agreed.

Evaluation criteria categories were confusing

The RFP provided a[..]