B.L. Harbert International, LLC (B-422122.4; B-422122.5)

You should not care.

Category: Technical evaluation, discussions

Date: 15 January 2025

URL: https://www.gao.gov/products/b-422122.4%2Cb-422122.5

B.L. Harbert International, LLC, protested State’s award of a contract to Caddell Construction Co. for the design and construction of a new consulate compound in Adana, Turkey. The firm alleged the agency unreasonably evaluated its proposal, conducted misleading and unequal discussions, and made a flawed best-value tradeoff decision:

• Evaluation challenges: Harbert argued agency’s assessment of its technical proposal was flawed, particularly in how it assigned weaknesses and significant weaknesses for design intent, mechanical drawings, and site planning. GAO found the evaluation reasonable.
• Discussions fairness: The protester claimed the agency’s discussions were misleading and that Caddell received more detailed feedback. GAO ruled discussions were meaningful and appropriately tailored to each offeror.
• Best-value tradeoff: Harbert contended that since its proposal was lower priced and received the same adjectival ratings as Caddell’s, the agency should not have selected the higher-priced offeror. GAO upheld the award, finding the agency reasonably determined Caddell’s design was technically superior.

Protest denied. GAO concluded the agency’s evaluation was reasonable, discussions were fair, and the best-value tradeoff properly considered technical superiority.

Digest

1. Protest challenging the agency’s evaluation of the protester’s proposal is denied where the evaluation was reasonable and consistent with the terms of the solicitation.
2. Protest alleging that the agency conducted unequal and misleading discussions is denied where the record shows that the discussions alerted the protester to the agency’s concerns and there is no evidence that the agency provided the awardee with more detail in discussions.
3. Protest alleging that the agency unequally evaluated proposals is denied where the record shows that any differences in the evaluation stemmed from a difference in proposals.
4. Protest challenging the source selection decision is denied where the record shows that the decision was reasonable, consistent with the terms of the solicitation, and identified the discriminators in the awardee’s technical design that justified making award to the higher-priced offeror.