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Swets Information Services , B Specifically, the protester complains that the agency did not consider negative CPARs for three of Zafer's projects, one of which was a contract with the Corps for the renovation and repair of the National Army Military Hospital in Kabul, Afghanistan. The agency argues that the evaluators agreed to the methodology for counting screen selections prior to conducting the product demonstrations. Protest, July 11, , at Adjectival ratings are merely a guide for intelligent decisionmaking. Systems Research and Applications Corp. Here too, we have no basis to find State's evaluation to be reasonable, given the agency's failure to provide any documentation or support for its evaluation. However, evaluators and selection officials should reasonably consider the underlying bases for ratings, including the advantages and disadvantages associated with the specific content of competing proposals, in a manner that is fair and equitable and consistent with the terms of the solicitation. Before awarding a fixed-price contract, an agency is required to determine that the price offered is fair and reasonable. Against this backdrop, the record shows that there were substantial differences in the proposed staffing offered by M7 and DS2.
Specifically, the TEP stated that, although TCDI's proposal stated that the firm had sufficient access to staff through its teaming partner to meet any perceived shortfalls related to certification or expertise, TCDI did not specifically offer any staffing from its teaming partner. Specifically, TEG contends that the agency did not determine whether the submitted past performance references of these offerors were relevant and permitted these offerors to provide less than the required number of references. With respect to the Treaty Information Portal, TCDI disputes that the product required significant rework, noting that the previous contracting officer's technical representative was very satisfied with the work. The record also shows that on July 18, the commissary at Scott AFB reported renewed problems with Nayyarsons' sushi products. In response to the protest, the agency states that it relied on the personal knowledge of the evaluators in concluding that BAH's past performance merited a "substantial confidence rating. Instead, the agency contends that Solers' relevancy rating was based on the agency's review of the overall requirements of the PWS. The agency states that for this factor, the agency considered the reference interviews, PPIRS data, and the personal knowledge of the evaluators. In addition, as the protester has pointed out, it is not readily apparent that the identified efforts meet this requirement. Both firms proposed [deleted] quantities of staffing to perform the requirement, with ITT proposing [deleted] staff hours and Lockheed proposing [deleted] staff hours. Our Office accords greater weight to contemporaneous source selection materials and documents and little weight to arguments raised by counsel that are not supported by the contemporaneous record. With regard to the evaluators' personal knowledge, DISA contends that although the agency received information concerning only one of BAH's references, the PPT utilized the personal knowledge of its members concerning the other two references. Where a protester challenges the past performance evaluation and source selection, we will review the evaluation and award decision to determine if they were reasonable and consistent with the solicitation's evaluation scheme and procurement statutes and regulations, and to ensure that the agency adequately documented the basis for the selection. As a general matter, the evaluation of an offeror's past performance is within the discretion of the contracting agency, and we will not substitute our judgment for reasonably based past performance ratings. Rather, the record contains only the VA's conclusory judgment that the protester's fixed price was too low. The SRD, however, merely lists conclusions by the evaluators concerning each offeror's past performance. AR at 11, AR at 10 citing Command Mgmt. Comments at 24 n. Furthermore, here the VA initially informed the protester that its price was too low and represented a performance risk because A1 Procurement's fixed price was significantly below the GCE and the prices of the other offerors. Instead, the agency contends that the evaluation summary in the SRD reflects the information provided by the references to the evaluators. On this record, we sustain the protest. To the extent that the agency now contends that it actually meant that the NCES and ASTF contracts did relate to cross domain requirements and that the relevancy rating was based on a different assessment, this post hoc argument does not demonstrate that the agency's evaluation was reasonable. The RFP does not state that the VA intended to perform a price realism analysis to assess the offerors' understanding or to assess performance risk, nor does the VA assert that it performed a price realism analysis. In support of its allegations, the protester provided a declaration from the representative who conducted the product demonstration. However, the agency does not identify where in the RFP offerors were notified that the depth, breadth, and scope of an offeror's relevant work for other federal agencies was a requirement. In response, the protester noted that its price was only 6 percent below the awardee's price.
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