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While Simplex disagrees with the judgments made by the agency, such disagreement does not establish that the requirement is unreasonable, and the record provides no basis for us to conclude otherwise. According to Simplex, a requirement for measurements to be accurate to /- 3 percent is "more operationally reasonable and will result in a better cost to value for the government." Id.
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As the experiential requirement ensures the individual has directly relevant experience, we find that the bachelors degree requirement is reasonably related to the agencys needs of ensuring the program manager also has the requisite professional skills to successfully perform the services contemplated by the contract. The NDAA directed the Air Force to perform center and outer wing-box replacement modifications, programmed depot-level maintenance, and modifications necessary to procure and integrate a gravity-drop aerial fire retardant dispersal system in each aircraft. Following completion of the assigned tasks, the NDAA directed the Air Force to transfer the aircraft to the USFS for its use. The protester's primary contention is that the agency relied heavily on the features of a system designed by Coulson Aviation (USA), Inc., which previously held a contract for the requirements at issue here.
Having considered the agencys rationale for the program manager requirements, and found its rationale to be supported, we now turn to APROs arguments to determine if it has met its burden to show the agencys specification is clearly unreasonable. APRO argues that requiring the program have a bachelors degree, but in any field of study, is irrational and not reasonably related to the agencys minimum needs. Further, APRO asserts that this individual has been successfully performing the function of the program manager role without a college degree. For example, APRO notes that this individual has briefed complex issues to senior leaders, written programs of instruction, and safeguarded valuable government equipment. Simplex contends that the agency simply parroted certain design features of Coulson's product in the subject RFP. The protester's assertions that the agency favored Coulson's design, however, do not, on their own, give rise to a basis to sustain the protest.
Accordingly, our review of the record provides us with no basis to object to the agency's amended driver certification requirements. The adequacy of the agencys justification is ascertained through examining whether the agencys explanation is reasonable, that is, whether the explanation can withstand logical scrutiny. Once the agency establishes support for the challenged solicitation term, the burden shifts to the protester to show that it is clearly unreasonable. The agency contends that the degree requirement is reasonable given the complexity of the services being procured. The agency notes that the program manager must control funding, write programs of instruction, and coordinate the water purification and distribution training program requirements.
(Navarre Corporation B-414505.4: Jan 4, 2018)APRO argues that the terms of the RFP are unduly restrictive of competition. APRO argues that the requirement for the program manager to have a bachelors degree, but allowing the degree to be in any field of study, is irrational and not reasonably related to the agencys minimum needs. APRO notes that an individual with a degree in music would qualify to be program manager under the terms of the solicitation, even though the work contemplated here relates to training individuals in the operations of water purification and distribution systems. APRO then concludes that this requirement is irrational because a degree in an unrelated field, such as music, bears no reasonable relationship to the work contemplated by the solicitation. APRO also proffers evidence that its deputy program manager, currently serving on the incumbent contract, has over 30 years of technical experience in water training and water operations systems, but does not hold a bachelors degree. As a result, this individual could not serve as the program manager, but an individual with less technical experience and with a degree in an unrelated field would be an acceptable program manager under the terms of the RFP. Therefore, according to APRO, the requirement unduly restricts competition without providing any benefit to the agency. Where a protester challenges a specification as unduly restrictive, that is, challenges both the restrictive nature of the specification and the agencys need for the restriction, the agency has the responsibility of establishing that the restrictive specification is reasonably necessary to meet its legitimate needs. AR, Tab 7, Education Requirement Justification, at 1.
The /- 3 percent standard proposed by the protester, however, would allow for deviations of 105 gallons, which would result in vastly larger weight deviations of /-approximately 956 pounds. This is another instance in which Simplex simply disagrees with the agency as to what its requirements should be. allows for maximum flexibility in space planning is integral to the success of the agency[.]); COS at 4.
As noted above, an agency, not a potential contractor, is responsible for determining the agency's needs. 23, Market Survey Report, at 2 (A sustainable work environment that . Both the Peace Corps and GSA explain that column spacing impacts workspace layout and design and the ability to reconfigure furniture. 32, Requirements Justification, at 2; COS at 4; MOL at 9. The November 2010 version of this document provides that the minimum recommended column spacing is 30 feet. We have previously explained that, in developing requirements, it is reasonable for an agency to rely upon the design criteria set forth in the P-100, which were formulated for application to procurements such as this one. Accordingly, we do not find this requirement unduly restrictive of competition. In this regard, the protester misunderstands the governments broad discretion to determine how best to meet its needs.The fact that this individual may have sufficient experience and professional skills to successfully perform as the program manager, by itself, does not render the bachelors degree requirement a clearly unreasonable proxy for the general critical thinking and writing skills necessitated by the contract. A protest that a specification was "written around" design features of a competitor's product fails to provide a valid basis for protest where the record establishes that the specification is reasonably related to the agency's needs.Further, as discussed above, the agency has articulated a reasonable basis for why the bachelors degree requirement is necessary to meet its needs. Fisons Instruments, Inc., B-261371, July 18, 1995, 95-2 CPD 31 at 2.As the agency notes, allowing offerors to demonstrate compliance with the revised certification requirements prior to the start of contract performance would "ensure a level playing field" as it provides all offerors with additional time to have their drivers complete the revised requirements. The agency's actions also serve to enhance competition.By advocating that offerors be required to demonstrate compliance with the revised requirements with submission of proposals, Navarre is essentially alleging that the RFP should be more restrictive of competition, which is inconsistent with our Office's role in reviewing bid protests. 13, 2016, 2016 CPD 290 at 2-3 (GAO does not generally permit a protester to use a protest to advocate for more restrictive, rather than more open, competitions for government requirements.).It is certainly reasonable then for the agency to remedy this mistake by amending the RFP to require that offerors' drivers complete an emergency training certification that is actually available.Tags: Adult Dating, affair dating, sex dating