ManTech Environmental Technology, Inc.

ManTech Environmental Technology, Inc. BNUMBER: B-271002; B-271002.2; B-271002.3 DATE: June 3, 1996 TITLE: ManTech Environmental Technology, Inc. ********************************************************************** DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of:ManTech Environmental Technology, Inc. File: B-271002; B-271002.2; B-271002.3 Date:June 3, 1996 Mark D. Colley, Esq., Laura E. Gasser, Esq., Steven D. Gordon, Esq., Craig A. Holman, Esq., and David P. Metzger, Esq., Holland & Knight, for the protester. Matthew S. Perlman, Esq., William W. Goodrich, Jr., Esq., and Alison J. Micheli, Esq., Arent Fox Kintner Plotkin & Kahn, for Dynamac Corporation, an intervenor. Thomas A. Darner, Esq., Environmental Protection Agency, for the agency. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision., DIGEST 1. Under solicitation which does not require identification of most proposed personnel until after contract award, where offer included self-styled "staffing plan" in which personnel do not match those identified in cost proposal, protest alleging material misrepresentation is denied where there is no evidence that offeror did so intending to mislead the agency and the agency did not credit the staffing plan in performing its technical evaluation. 2. Agency's acceptance of awardee's proposed uncompensated overtime rates is unobjectionable, and does not constitute a relaxation of the specifications where solicitation does not prohibit uncompensated overtime, agency properly evaluates it, and agency ensures that contract provides for receipt of its value. 3. In procurement for services under level-of-effort, cost reimbursement solicitation where awardee proposes to hire as many employees of long-term incumbent as possible, but includes a cost proposal under which more than half of the listed positions are "new hires" at substantially lower "entry level" salary rates, protest of cost evaluation is sustained where agency simply accepted proposed rates without taking any reasonable steps to verify new hire rates or otherwise to adjust rates to reflect most probable cost. DECISION ManTech Environmental Technology, Inc. protests the award of a contract to Dynamac Corporation under request for proposals (RFP) No. C500182T1, issued by the Environmental Protection Agency (EPA) for technical support services. ManTech raises a number of evaluation issues, primarily contending that the EPA failed to properly evaluate the realism of Dynamac's proposed costs. We sustain the protest.[1] BACKGROUND The RFP sought proposals to provide on-site technical support services at the EPA's environmental research laboratory in Corvallis, Oregon. According to the RFP, this is a sophisticated, multi-disciplinary research laboratory that performs state-of-the-art research in a variety of environmental areas. The successful offeror must furnish the necessary materials, supplies, and services of qualified scientists and laboratory technicians to perform support on a work assignment basis. The RFP contemplated the award of a cost-plus-award-fee contract for a base period with four option periods. Award was to be made to the responsible offeror whose proposal was most advantageous to the government. The RFP called for technical proposals to be comprised of a number of elements including technical approach, technical management, and resumes and publication samples for the three key personnel. The RFP did not call for offerors to identify personnel to fill non-key positions, but did detail the necessary qualifications for four professional levels (P-1, P-2, P-3, and P-4) and three technician levels (T-1 through T-3). For example, a P-4 professional was required to have a typical title of project leader or chief engineer, a Ph.D degree or equivalent, and 10 or more years of experience. A T-3 technician was expected to have 6 or more years of experience. The RFP identified 10 categories of professionals at the P-3 and P-4 levels with additional qualifications. An attachment to the RFP identified 54 categories of personnel along with the estimated level of effort in terms of work years (defined as 2,080 hours per year). Proposals were evaluated on the basis of cost and four technical factors: demonstrated corporate experience (150 points); demonstrated qualifications of key personnel (200 points); quality of proposed program management plan (450 points); and adequacy of quality assurance plan (200) points.