Hughes Missile Systems Company
Case: B-272418
Agency:
Protester: Hughes Missile Systems Company
Date: 1996-10-30
Denied
Hughes Missile Systems Company
BNUMBER: B-272418; B-272418.2; 272418.3
DATE: October 30, 1996
TITLE: Hughes Missile Systems Company
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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:Hughes Missile Systems Company
File: B-272418; B-272418.2; 272418.3
Date:October 30, 1996
Mark D. Colley, Esq., David P. Metzger, Esq., Laura E. Gasser, Esq.,
Craig A. Holman, Esq., Laura A. Eilers, Esq., Melinda C. Burrows,
Esq., and Bradley D. Wine, Esq., Holland & Knight, and David L.
Fowler, Esq., for the protester.
William A. Roberts III, Esq., Lee P. Curtis, Esq., Jerone C. Cecelic,
Esq., J. Eric Andre, Esq., and Terry Petrie, Esq., Howrey & Simon, and
Bucky P. Mansuy, Esq., for Lockheed Martin Integrated Systems, Inc.,
David V. Anthony, Esq., Gregory A. Smith, Esq., Mary Ita Snyder, Esq.,
Stanley R. Soya, Esq., and John E. Benedict, Esq., Piper & Marbury,
and Stephen E. Seele, Esq., for McDonnell Douglas Aerospace
Corporation, intervenors.
Gregory Petkoff, Esq., John A. Dodds, Esq., Marian E. Sullivan, Esq.,
Capt. Rebecca Pearson, and Gary J. Rosnick, Esq., Department of the
Air Force, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest against evaluation of past performance is denied where
information reasonably available to the procuring agency supported the
report of the agency administering the protester's contract to the
effect that protester was deficient in its cost/schedule performance
on that contract.
2. Protest that agency did not adequately consider the complexity of
the products being developed and/or procured when evaluating past
cost/schedule performance and arriving at an overall rating, and
instead placed undue emphasis on program complexity, is denied where
offerors were advised prior to the closing date for receipt of
proposals that agency viewed program similarity as more important than
product similarity.
DECISION
Hughes Missile Systems Company protests the Department of the Air
Force's award of contracts to Lockheed Martin Integrated Systems, Inc.
(LM) and McDonnell Douglas Aerospace Corporation (MD), under request
for proposals (RFP) No. F08626-96-R-0002, for the definition and
development of the Joint Air-to-Surface Standoff Missile (JASSM).
Hughes challenges the past performance, cost and technical
evaluations.
We deny the protest.
BACKGROUND
The JASSM missile will be an autonomous, precision strike standoff
weapon, to be carried aboard a number of types of aircraft, which can
be launched from beyond the range of enemy air defenses and will
provide the capability to strike heavily defended, high value targets.
Offerors were advised that the agency considered the need for such a
standoff attack capability to be urgent and compelling. The
solicitation contemplated the award of two cost-plus-fixed-fee
contracts for a 24-month Program Definition and Risk Reduction (PDRR)
phase, which would include priced options for a follow-on
cost-plus-incentive-fee Engineering, Management and Development (EMD)
phase, to be exercised on the basis of a downselect competition
between the two PDRR contractors. The downselect contractor will then
commence production, which is expected to include 10 annual production
lots. Offerors were required to furnish cost and pricing information
for the PDRR and EMD phases and cost estimates for the production
phase; during the downselect competition, the PDRR contractors will
have the opportunity to update their EMD phase pricing and to submit
cost and pricing information for the production quantities.
Award was to be made to the offerors whose proposals were most
advantageous to the government under three broad criteria: (1) past
performance--including past technical performance (with factors for
product performance, computer software, and aircraft integration) and
past affordability performance (with factors for manufacturing and
cost/schedule), which were of equal weight--which was equal in
importance to the aggregate of (2) technical performance (key
performance parameters, other requirements, and integrated master plan
and schedule) and (3) affordability, which were of equal weight.
Full decision text continues on ProtestIntel...