Symetrics Industries, Inc., B-274246.3; B-274246.4; B-
Case: B-274246.3
Agency:
Protester: Symetrics Industries, Inc., B
Date: 1997-08-20
Sustained
Symetrics Industries, Inc., B-274246.3; B-274246.4; B-
BNUMBER: B-274246.3; B-274246.4; B-274246.5
DATE: August 20, 1997
TITLE: Symetrics Industries, Inc., B-274246.3; B-274246.4; B-
274246.5, August 20, 1997
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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:Symetrics Industries, Inc.
File: B-274246.3; B-274246.4; B-274246.5
Date:August 20, 1997
Edward J. Kinberg, Esq., for the protester.
Sophia L. Rafatjah, Esq., Tracor, Inc., the intervenor.
Marian E. Sullivan, Esq., and John E. Lariccia, Esq., Department of
the Air Force, for the agency.
Ralph O. White, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Argument that agency was required to amend the solicitation upon
receiving information that funds were unavailable for the purchase of
a significant portion of an estimated quantity included in the request
for proposals for an indefinite quantity/indefinite delivery order
contract is sustained where the record shows that the change in
quantity was material and there was a reasonable possibility that the
protester was prejudiced by the agency's failure to amend the
solicitation.
DECISION
Symetrics Industries, Inc. protests the award of a contract to Tracor,
Inc. by the Department of the Air Force, pursuant to request for
proposals (RFP) No. F33657-96-R-0001, issued for the purchase of Lots
IV through VII of the AN/ALE-47 Countermeasures Dispenser System
(CMDS). Symetrics argues that the evaluation of proposals was
unreasonable because it was based on a flawed quantity estimate, which
resulted in an improper award decision.
We sustain the protest.
BACKGROUND
The AN/ALE-47 CMDS is an electronic warfare system used by the Army,
Navy and Air Force to protect aircraft from hostile missile attacks.
The system discharges chaff cartridges and decoy flares to distract
ground-launched missiles aimed at aircraft.[1] Five distinct line
replaceable units (LRU) comprise the system in varying numbers and
configurations depending on the aircraft involved. These LRUs are a
control-display unit, a programmer, a switch assembly, a digital
sequencer, and a dispenser assembly.
The RFP was issued in October 1996, and contemplated the award of a
4-year fixed-price indefinite delivery/indefinite quantity (ID/IQ)
contract to the offeror whose proposal provided the best value to the
government.[2] The RFP explained that the proposal with the best
value would be "the most advantageous offer, price and other factors
considered . . . providing the best mix of utility, technical quality,
business aspects, risks, and price for a given application." RFP sec.
M.1.0.
The RFP advised that each proposal would be evaluated in four areas,
in descending order of importance: technical, schedule,
cost/price--most probable life cycle cost, and management. Under
these four factors, the technical factor included four subfactors of
equal weight: manufacturing/quality assurance, integrated logistics
support, systems engineering, and testing. In addition to the four
factors, the RFP also listed four general considerations of equal
weight, all of which were less important than the four evaluation
factors. The general considerations were pre-award survey, executive
in-plant review, plant visits, and RFP terms and conditions. RFP sec.
M.2.0.
Offerors were also advised that two of the evaluation
factors--technical (including the four subfactors) and
management--would be assigned a color/adjectival rating, a proposal
risk assessment, and a performance risk assessment.[3] They were also
advised that the color/adjectival rating and the two risk ratings
would receive equal consideration. RFP sec. M.6.0 The remaining two
evaluation factors--schedule and cost/price--were not rated but were
assigned a performance risk assessment.
Since the RFP here envisioned the award of an ID/IQ contract, each LRU
had an accompanying minimum and maximum order quantity, as well as a
best estimated quantity (BEQ) for each of the four lots to be
procured.
Full decision text continues on ProtestIntel...