Joint Threat Services, B-278168; B-278168.2, January 5, 1998
Case: B-278168
Agency:
Protester: Joint Threat Services, B
Date: 1998-01-05
Denied
Joint Threat Services, B-278168; B-278168.2, January 5, 1998
BNUMBER: B-278168; B-278168.2
DATE: January 5, 1998
TITLE: Joint Threat Services, B-278168; B-278168.2, January 5, 1998
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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:Joint Threat Services
File: B-278168; B-278168.2
Date:January 5, 1998
Stuart Young, Esq., DynCorp, for the protester.
William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., and Wm. Craig
Dubishar, Esq., Venable, Baetjer and Howard, LLP, for Research
Analysis and Maintenance, Inc., an intervenor.
Craig E. Hodge, Esq., and Phillip A. Weaver, Esq., Department of the
Army, for the agency.
Christine F. Davis, Esq., and James A. Spangenberg, Esq., Office of
the General Counsel, GAO, participated in the preparation of the
decision.
DIGEST
1. Agency reasonably downgraded the protester's management proposal
and made an upward adjustment in determining the proposal's most
probable cost, where the proposal did not demonstrate the protester's
ability to perform the agency's requirements based upon a
significantly reduced staff during the contract option years, during
which the agency does not anticipate any significant reduction in its
requirements.
2. Agency was not required to discuss the protester's proposal to
augment its staff with personnel from another contract, where the
agency reasonably did not view this weakness as material until the
protester proposed a significant staffing reduction in its best and
final offer and increased its reliance upon this other contract's
personnel to supplement its staff.
3. The excellent rating accorded to the awardee's best and final
offer did not improperly reflect the application of an unstated
evaluation factor and was reasonably based upon numerous, uncontested
proposal strengths, notwithstanding that the awardee's staffing levels
were lower than the government estimate.
4. Agency properly allowed the awardee to correct a clerical error in
a cost proposal spreadsheet after the submission of best and final
offers through clarifications, rather than discussions, where the
existence of the mistake, and the amount actually intended, were clear
from the face of the proposal, and the correction did not prejudice
the interests of another offeror.
DECISION
Joint Threat Services (JTS), a joint venture,[1] protests an award to
Research Analysis and Maintenance, Inc. (RAM) under request for
proposals (RFP) No. DATM01-95-R-0020, issued by the U.S. Army Materiel
Command, Operational Test and Evaluation Command Contracting Activity
(OPTEC), for test support services for OPTEC's Threat Support Activity
(OTSA).
We deny the protest.
The RFP, issued August 16, 1996, required the contractor to maintain
current threat systems equipment and to support operational testing of
the equipment, which encompassed transporting the equipment to the
test site and operating and maintaining it until the test's
completion. To this end, the RFP called for an array of support
services, including engineering and technical services, hardware and
software maintenance services, flight and aviation support services,
logistics and supply support services, and threat analysis and
intelligence support services.
The RFP provided for the award of a cost-plus-fixed-fee contract for a
base year with 4 option years on a best value basis. The RFP sought
separate proposals corresponding to four evaluation factors, listed in
descending order of importance: technical, management, past
performance, and cost (including options). The RFP stated six
technical subfactors of varying importance and four management
subfactors of equal importance, as follows:
Technical
1. Base Support
2. Threat Systems Support
3. Engineering and Technical Support
4. Training Support
5. Test Support
6. Threat Analysis and Intelligence Support
Management
1. Management Approach
2. Resource Allocation
3. Project Experience, Expertise and Personnel
4. Logistics
Each technical and management subfactor contained two or more
sub-subfactors. Proposals were to be evaluated under the technical and
management factors with both numerical scores and adjectival ratings.
Proposed staffing was a component of both the technical and management
evaluation. Each technical subfactor provided for an evaluation of
the offeror's understanding of the work to be performed, which
encompassed consideration of the offeror's proposed staffing, and a
few sub-subfactors were geared toward specific staffing concerns, such
as the adequacy of the offeror's proposed engineering staff and mix.
Full decision text continues on ProtestIntel...