PRB Associates, Inc., B-277994; B-277994.2, December 18, 1997
Case: B-277994
Agency:
Protester: PRB Associates, Inc., B
Date: 1997-12-18
Denied
PRB Associates, Inc., B-277994; B-277994.2, December 18, 1997
BNUMBER: B-277994; B-277994.2
DATE: December 18, 1997
TITLE: PRB Associates, Inc., B-277994; B-277994.2, December 18, 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:PRB Associates, Inc.
File: B-277994; B-277994.2
Date:December 18, 1997
Pamela G. Sosne, Esq., David R. Johnson, Esq., and Kathleen C. Little,
Esq., McDermott, Will & Emery, for the protester.
Karen C. Coe, Esq., and Robert A. Klimek, Jr., Esq., Klimek, Kolodney
& Casale, P.C., for AMEWAS, Inc., an intervenor.
Daniel A. Laguaite, Esq., Department of the Navy, for the agency.
Tania L. Calhoun, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest alleging that contracting agency unreasonably evaluated
protester's proposal in identifying certain weaknesses is denied where
the record shows the evaluation was reasonable and in accordance with
the stated evaluation criteria; since these weaknesses did not prevent
protester from having a reasonable chance for award, contracting
agency's failure to point them out did not deprive the protester of
meaningful discussions.
2. Regulatory requirement that contracting agencies recognize the
integrity and validity of contractor teaming arrangements does not
require these agencies to resolve disputes arising from allegations
that a party has breached a teaming agreement; such disputes are
properly resolved between the private parties.
3. Protest that contracting agency's management personnel exercised
undue influence on the evaluation board and contracting officer to
effect award to a particular firm is denied where the record shows
that, even if these personnel did prefer that award be made to the
eventual awardee, there is no evidence that preference translated into
action which unfairly affected protester's competitive position.
4. Protest alleging that contracting agency engaged in technical
leveling, technical transfusion, and unequal discussions with the
awardee is denied where the record does not support the allegation.
DECISION
PRB Associates, Inc. protests the award of a contract to AMEWAS, Inc.
under request for proposals (RFP) No. N00421-95-R-5022, issued by the
Department of the Navy's Naval Air Warfare Center, Aircraft Division
(NAWCAD) to obtain simulation and stimulation development and
operations engineering and technical support services. PRB alleges
various improprieties with respect to the Navy's evaluation of
proposals, conduct of discussions, actions regarding one of PRB's
proposed subcontractors, and best value determination.
We deny the protests.
BACKGROUND
NAWCAD's Air Combat Environment Test and Evaluation Facility (ACETEF)
exposes aircraft under test to an electronic simulation of air combat
situations. According to the RFP, aircraft systems are deceived
through a combination of simulations by digital computers and through
stimulation by computer-controlled environment generators that provide
radio frequency, electro-optical, and laser stimuli which duplicate,
as closely as possible, real signals. The flight crew is provided
very high fidelity visual, aural, and motion sensory cueing, as well
as realistic workload conditions, to simulate the total environment an
aircraft/aircrew would experience during combat.
ACETEF consists of seven integrated component laboratories, each of
which contributes specific functions to support the prescribed combat
scenario. The laboratories relevant to these protests are the
Operations and Control Center (OCC) and the Offensive Sensors
Laboratory (OSL). The OCC facility provides scenario control of all
other ACETEF laboratories, using "man-in-the-loop" and
computer-controlled simulation as played out by the Simulated Warfare
Environment Generator (SWEG). The OCC facility's functional areas
include the ACETEF/range command and control center, the center of all
ACETEF testing; two command and control centers; and a systems
analysis center. OSL's mission is to provide developmental test and
evaluation of aircraft offensive sensors by means of stimulated
complex combat scenarios in which aircraft sensors are realistically
stimulated with actual electro-optical and radar signals.
This solicitation, issued June 14, 1996, contemplated the award of a
4-year, cost-plus-fixed-fee indefinite delivery, indefinite quantity
contract. Award was to be made to the firm whose proposal was the
best value to the government, considering technical factors and cost.
Full decision text continues on ProtestIntel...