Doss Aviation, Inc.; Dominion Aviation, Inc.
Case: B-275419
Agency:
Protester: Doss Aviation, Inc.; Dominion Aviation, Inc.
Date: 1997-02-20
Denied
Doss Aviation, Inc.; Dominion Aviation, Inc.
BNUMBER: B-275419; B-275419.2; B-275419.3
DATE: February 20, 1997
TITLE: Doss Aviation, Inc.; Dominion Aviation, Inc.
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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:Doss Aviation, Inc.; Dominion Aviation, Inc.
File: B-275419; B-275419.2; B-275419.3
Date:February 20, 1997
Thomas G. Jeter, Esq., and Mark J. Meagher, Esq., McKenna & Cuneo, for
Doss Aviation, Inc.; John R. Thompson, for Dominion Aviation, Inc.,
the protesters.
Col. Nicholas P. Retson, and Maj. Michael J. O'Farrell, Department of
the Army, for the agency.
Harvey G. Sherzer, Esq., William A. Roberts, Esq., Lee P. Curtis,
Esq., and Terry M. Petrie, Esq., Howrey & Simon, for UNC Aviation
Services, an intervenor.
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 that agency mechanically applied an undisclosed staffing
estimate in evaluating proposals is denied where the solicitation put
offerors on notice that staffing was a critical area of the
evaluation, offerors were required to describe the number of personnel
that would perform the work and show how the agency's stated flight
training requirements would be met, offerors were advised during
discussions as to whether their proposals included fewer instructor
pilots than were considered necessary under the agency estimate, and
there is no indication in the record that the agency unreasonably
overlooked or rejected specific elements of offerors' proposed
staffing approaches which were likely to result in the need for fewer
instructor pilots than the agency estimate.
2. Protest that in best value procurement agency improperly awarded
additional evaluation credit based on aspects of awardee's proposal
that exceeded the solicitation's minimum requirements is denied; where
detailed technical proposals are sought and technical evaluation
criteria are used to enable the agency to make comparative judgments
about the relative merits of competing proposals, offerors are on
notice that qualitative distinctions among the technical proposals
will be made under the various evaluation factors, and there is no
basis to object to the award of extra credit for advantageous elements
of a proposal when the additional credit is related to the stated
evaluation factors.
DECISION
Doss Aviation, Inc. and Dominion Aviation, Inc. protest the Department
of the Army's award of a contract to UNC Aviation Services, under
request for proposals (RFP) No. DABT01-96-R-0001, for rotary wing
(helicopter) flight training services at Fort Rucker. Doss and
Dominion primarily challenge the agency's evaluation of technical
proposals.
We deny the protests.
BACKGROUND
The solicitation contemplated award of a fixed-price contract, for a
base year with 4 option years, to furnish academic training classes,
flight simulator training, and aircraft flight training for rotary
wing aircraft at Fort Rucker. Although the statement of work (SOW)
established minimum manning totals for specified key personnel,
including flight commanders, offerors were required to calculate and
propose the average number of flight instructors required for each
fiscal year based on (1) projected student inputs into the training
program and class schedules set forth in the solicitation and (2) a
requirement to maintain a minimum flight instructor-to-student ratio
of one instructor to two students in all flight training courses.
Award was to be made based on the proposal offering the "best overall
value to the Government" under the following four criteria (listed in
descending order of importance): (1) "technical," comprised of three
subfactors, the most important of which was number and qualifications
of personnel; (2) performance history; (3) cost/price realism; and (4)
price. The solicitation stated that price, although listed as the
least important evaluation factor, would "become the determinative
factor with respect to offerors that are essentially equal in
technical acceptability, performance history, and cost/price realism."
Nine proposals were received by the closing time on July 8, 1996.
Seven proposals--including UNC's, Doss's, and Dominion's--were
included in the competitive range. Following discussions with
offerors, the Army requested best and final offers (BAFO).
Full decision text continues on ProtestIntel...