Oceanometrics, Inc., B-278647.2, June 9, 1998

B-278647.2 Jun 09, 1998 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Protest challenging key personnel requirements is denied where record establishes that the requirements were reasonably related to the agency's needs. 2. Protest challenging methodology for establishing the realism of offerors' travel costs is denied where methodology is appropriately designed to ascertain actual reimbursable travel costs associated with each proposal. 3. Protest alleging that agency improperly evaluated airborne magnetic experience is denied where record establishes that the evaluation was performed in accordance with solicitation provisions. 4. Protest that agency improperly discounted the corporate experience of proposed subcontractor is denied where proposal indicates that subcontractor will perform a relatively small and unimportant portion of the contract. 5. View Decision Matter of: Oceanometrics, Inc. File: B-278647.2 Date: June 9, 1998 DIGEST Attorneys DECISION Oceanometrics, Inc. protests the amendment of the evaluation criteria and the evaluation of its proposal under request for proposals (RFP) No. N68836-97-R-0065, issued by the Department of the Navy as a small business set-aside for technical services in support of a broad based anti-submarine warfare development program denominated as Chief of Naval Operations (CNO) Project Beartrap. We deny the protest. OVERVIEW The RFP was issued on October 8, 1997, and Oceanometrics protested various solicitation provisions to our Office on November 13. Initial proposals were received on January 7, 1998. Because the agency issued a series of amendments taking corrective action with respect to the objections raised by Oceanometrics, our Office dismissed the protest as academic on February 13. The agency conducted discussions with the protester between February 19 and February 24, during which Oceanometrics raised several questions and issues arising from the weaknesses in its proposal that had been identified by the agency. On February 24, the contracting officer issued amendment No. 0008 in an attempt to clarify solicitation provisions which had generated the discussion questions and disagreements raised by Oceanometrics. This protest, largely based on the discussions and the subsequent amendment, was filed with our Office on March 1. Revised proposals were received on March 30. Oceanometrics was subsequently informed that its proposal had been rejected as technically unacceptable on April 29. PROTEST AND ANALYSIS In its protest, Oceanometrics alleged: (1) that amendment No. 0008 established overly restrictive requirements for key personnel (which Oceanometrics cannot meet); (2) that amendment No. 0008 created an unfair and unjustified cost realism evaluation factor; (3) that the agency improperly weighted airborne magnetic experience in its evaluation of key personnel; (4) that the agency improperly segregated the evaluation of Oceanometrics's corporate past performance from that of its proposed subcontractor; (5) that the contracting officer improperly extended a contract of the incumbent--Maritime Surveillance Associates (MSA)--in order to enhance that firm's competitive position under the protested procurement; and (6) that a CNO Project Beartrap officer may have been biased in favor of MSA and may have provided procurement-sensitive information to a general partner of MSA during social meetings at a Navy-sponsored restaurant and bar. Key Personnel As originally written, the clause in section C at pages 4-5 of the RFP entitled "Key Personnel Requirements" began by identifying a position entitled "Principal Investigator" and listed minimum education and experience requirements as follows: a baccalaureate degree in an analytical/technical field (or equivalent Navy and/or vocational electronics schools), six years technical and/or management experience with CNO Project Beartrap within the past ten years, and five years applied ASW/USW [anti-submarine warfare/undersea warfare] magnetics experience specifically geared toward data gathering gained within the past eight years. A combination of experience and education may be substituted for the listed requirements as long as the total years of education and relevant experience are not less than twelve years. Amendment No. 0008 expanded the application of the specified education and experience requirements to all key personnel, not just to the Principal Investigator position. Further, the amendment expanded the definitions of technical and/or management experience with CNO Project Beartrap and ASW/USW magnetic experience and limited the use of experience that could be substituted for the degree requirement.