OPA Appeal No. BP-A011 (PSS RFP 97-005 PSS School Breakfast & Lunch Program for School Year 1997-1998) in RE Appeal of Merced B. Reyes DBA M.V. Reyes Catering

Summary

PSS RFP for the operation of the PSS school breakfast and lunch program.  The second-rated proposer contested the award of two individual school programs to a competing bidder, challenged the evaluation’s failure to consider expanded capacity and past performance, among other things.  Held: OPA has jurisdiction over all issues raised on appeal so long as jurisdiction exists over some claim, even if not all claims were raised at protest, Selection criteria from RFP and price determine most advantageous proposal, while responsibility considers past performance and financial ability of contractors.