NavCom Defense Electronics, Inc., B-276163, May 19, 1997
Case: B-276163
Agency:
Protester: NavCom Defense Electronics, Inc., B
Date: 1997-05-19
Sustained
B-276163
May 19, 1997
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Highlights
Was not reasonable where the agency evaluated the protester and the awardee as each being of low performance risk under the performance evaluation criterion without the record containing any basis upon which the agency could reasonably have determined that the awardee's demonstrated performance was. The "same" as or "similar" to the solicitation requirements for which the protester was the incumbent contractor. The TACAN system is a navigational system which provides pilots and flight control systems with navigational data. Were considered of equal importance. [1] Regarding the evaluation of an offeror's past and present performance. Lowest evaluated price offeror if that offeror was considered to have a moderate.
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Matter of: NavCom Defense Electronics, Inc. File: B-276163 Date: May 19, 1997 * Redacted Decision
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DECISION
NavCom Defense Electronics, Inc. protests the award of a contract to Integrity Air Services, Inc. under request for proposals (RFP) No. F09603-95-R-81729, issued by the Department of the Air Force for the repair of multiple line items of the AN/ARN-118 TACAN (Tactical Air Navigation) system. NavCom challenges the agency's assignment of a low performance risk rating to Integrity which served as the basis for the agency's decision to award to Integrity at a lower price.
We sustain the protest.
The TACAN system is a navigational system which provides pilots and flight control systems with navigational data, including bearing, range distance, velocity, course deviation, and audio identification information from a selected ground-based or airborne TACAN station. The TACAN system consists of the following five major components: (1) a radio receiver/transmitter; (2) a radio receiver/transmitter control; (3) a digital to analog adapter; (4) an antenna; and (5) a mount. The radio receiver/transmitter, control, and adapter contain numerous circuit cards and modules. The TACAN system has more than 15,000 components, with the RFP requiring the repair of 104 line items of various components.
The RFP, issued as a total small business set-aside, contemplated the award of a firm, fixed-price contract for the base year and four 1-year option periods to the offeror whose proposal represented the best value to the government pursuant to a performance/price tradeoff. The RFP stated that the two evaluation factors--performance and price--were considered of equal importance. [1] Regarding the evaluation of an offeror's past and present performance, the RFP required offerors to submit information for current and completed contracts for "the same or similar efforts specified in the [RFP]." The RFP explained that the performance risk assessment "represents the Government evaluation team's judgment of the probability of an offeror successfully accomplishing the proposed effort based on the offeror's demonstrated present and past performance." In evaluating an offeror's performance, the agency's performance risk assessment team would consider the performance information provided by the offeror, along with responses to questionnaires sent to program managers and other relevant contracting officials. Regarding price, the RFP stated that the extended prices for the basic and option quantities would be added together to arrive at the offeror's total evaluated price.
The RFP stated that all technically acceptable offerors would be ranked by evaluated price, and then would receive a performance risk assessment rating of low, moderate, high, or not applicable. According to the RFP, if the lowest evaluated price, technically acceptable offeror received a low performance risk rating, then this offeror's proposal would be considered to represent the best value to the government and award would be made to this offeror. The RFP stated that the agency reserved the right to award a contract to other than the technically acceptable, lowest evaluated price offeror if that offeror was considered to have a moderate, high, or not applicable performance risk rating.
Eight small business concerns, including NavCom, the incumbent contractor, and Integrity, which had experience in repairing radio power supplies, submitted performance information and price proposals. In accordance with the evaluation scheme described above, the offerors were ranked according to price. Integrity was ranked first (at a total price of $[deleted]) and NavCom was ranked fourth (at a total price of $[deleted]). All offerors received low performance risk ratings.
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