ECC International Corporation, B-277422, B-277422.2, October
Case: B-277422
Agency:
Protester: ECC International Corporation, B
Date: 1997-10-14
Denied
ECC International Corporation, B-277422, B-277422.2, October
BNUMBER: B-277422, B-277422.2
DATE: October 14, 1997
TITLE: ECC International Corporation, B-277422, B-277422.2, October
14, 1997
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Matter of:ECC International Corporation
File: B-277422, B-277422.2
Date:October 14, 1997
Melvin Rishe, Esq., Howard J. Stanislawski, Esq., and Richard L.
Larach, Esq., Sidley & Austin, for the protester.
Thomas J. Madden, Esq., Jerome S. Gabig, Esq., and Johana A. Reed,
Esq., Venable Baetjer, Howard & Civiletti, LLP, for AAI Corporation,
an intervenor.
Marian E. Sullivan, Esq., and Gregory D. Whitt, Esq., Department of
the Air Force, for the Agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging agency's assignment of risk assessment ratings is
denied where record shows that there was a reasonable basis for the
agency's conclusions that protester's proposal presented a high risk
of unsuccessful performance in one technical area and that awardee's
proposal presented only a moderate cost risk.
DECISION
ECC International Corporation protests the award of a contract to AAI
Corporation under request for proposals (RFP) No. F33657-97-R-2009,
issued by the Department of the Air Force for concurrency upgrades and
logistics support of the agency's C-17 aircraft maintenance
training devices. ECC maintains that the Air Force misevaluated
proposals in the area of past performance and made an irrational
cost/technical tradeoff in awarding the contract to AAI. ECC also
maintains that the evaluation reflects bias on the part of the agency
against ECC.
We deny the protest.
The RFP contemplated the award of a combination cost
reimbursement/firm, fixed-price contract on a best value basis to
perform modifications to two suites of C-17 aircraft maintenance
training devices (MTD), as well as ongoing logistics support and the
conduct of a maintenance training analysis study for the C-17 MTD
program. The modifications portion of the contract, the largest
dollar item being procured, is to be performed on a cost reimbursement
basis, while the logistics support and maintenance training analysis
study are to be performed on a firm, fixed-price basis. The MTDs are
used to train agency personnel in various aspects of C-17 aircraft
maintenance. The modifications are necessary in order to make the
configuration of the C-17 MTDs "concurrent" with, or identical to, the
configuration of presently fielded aircraft; design and engineering
changes to the aircraft since the time the C-17 MTDs were originally
built have necessitated the current requirement.
The RFP advised offerors that proposals would be evaluated for cost
realism, reasonableness, and completeness, as well as for technical
adequacy under three primary technical criteria (none of which is at
issue in this protest), and that a proposal risk rating would also be
assigned in each of the technical evaluation areas. In addition, the
RFP advised that firms would be evaluated by a performance risk
assessment group (PRAG) for past performance based on information
supplied with the proposals, as well as information obtained
independently by the agency.
In response to the solicitation, the Air Force received five initial
offers. After evaluating the offers and conducting a performance risk
assessment, the agency determined that it was in the best interest of
the government to make award based on initial offers. ECC's and AAI's
proposals received comparable technical and proposal risk scores, and
ECC's evaluated cost was low. The Air Force nonetheless made award to
AAI, the firm offering the second lowest evaluated cost, based largely
on the conclusion of the PRAG that AAI presented a lower performance
risk than ECC. The agency's performance risk evaluation is the focus
of ECC's protest.
The PRAG conducted its evaluation by reviewing each offeror's
performance under the three technical evaluation areas: Concurrency
Approach/Implementation, Maintenance Training Analysis, and Contractor
Logistics Support. Risk ratings also were assigned for Cost/Price.
Ratings of low, moderate, or high risk were assigned under each of the
four areas unless the agency concluded that there was insufficient
information to evaluate a firm in a given area, in which case the PRAG
assigned a rating of not applicable.
Full decision text continues on ProtestIntel...