• Standards of Selection

In evaluating the technical evaluation of a proposal during a protest the Board will not reevaluate proposals but will rather examine the record to determine whether the evaluation was reasonable and consistent with evaluation criteria and applicable regulations. A protester’s mere disagreement with the agency’s evaluation does not render it improper (Integrated Mmgt. Resources Group, B-400550). While agencies must evaluate proposals in accordance with the terms of the solicitation, any evaluation considerations not expressly stated in the solicitation must have “a clear nexus between stated criteria and unstated considerations” (Consol. Engrtg Svcs, B-311313). Protests are sustained if the records lacked documentation to support agency’s decisions (Apptis Inc., B-0299457) or point scores cannot be used as a substitute for adequate documentation of the evaluation conclusions (Burchick Construction, B-400342). But documentation, although brief, was sufficient to permit review and support of the agency’s decision (Precision Lift, B-310540). However, the Court of Federal Claims Protests does seem to provide greater latitude to supplement the record than does the GAO. The Court provided a list of circumstances where it is appropriate to supplement the records with declarations and attachments providing information on the protester’s financial management system’s capabilities to meet agency needs (Savannah) and the court suggested supplementing the “scant” record with material that provided it a basis to review the agency’s actions (CHE Consulting V US, 552 F.3d 1351).

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