The Centech Group, Inc., B-278715; B-278715.2, March 5, 1998
Case: B-278715
Agency:
Protester: The Centech Group, Inc., B
Date: 1998-03-05
Denied
The Centech Group, Inc., B-278715; B-278715.2, March 5, 1998
BNUMBER: B-278715; B-278715.2
DATE: March 5, 1998
TITLE: The Centech Group, Inc., B-278715; B-278715.2, March 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:The Centech Group, Inc.
File: B-278715; B-278715.2
Date:March 5, 1998
Michael A. Hordell, Esq., and Laura L. Hoffman, Esq., Gadsby & Hannah,
for the protester.
Robert M. Nutt, Esq., for Kathpal Technologies, Inc., an intervenor.
William L. Murphy, Esq., and John F. Schorn, Esq., Department of the
Treasury, for the agency.
Andrew T. Pogany, Esq., and John M. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Contracting agency engaged in meaningful discussions where it
advised offeror during written discussions that composite labor
category prices for services contract were either too high or too low
and it gave offeror more specific indications of its concern during
oral discussions, even though the agency did not specify which
categories were high and which were low; contracting agency is not
required to conduct all-encompassing discussions, but is only required
to lead offerors into those areas of their proposal needing
amplification, given the context of the procurement.
2. Contracting agency properly determined that offeror's price
proposal was unrealistically low based on comparison with prices
received from other offerors, the independent government estimate,
market survey prices, and the current contract price.
DECISION
The Centech Group, Inc., the incumbent contractor, protests the award
of a contract to Kathpal Technologies, Inc. under request for
proposals (RFP) No. A-97-04, a competitive section 8(a) set-aside,
issued by the Department of the Treasury for support services for
software applications maintenance, development, and testing. Centech
contends that the agency's evaluation of its proposal, especially its
determination that the firm's prices were unrealistic and
unacceptable, was unreasonable.
We deny the protest.
BACKGROUND
The RFP, issued December 19, 1996, sought proposals for support
services for the agency's Automated Systems Division (ASD), which is
responsible for the development and maintenance of many software
applications systems, ranging in complexity from small administrative
or tracking systems on personal computers and local area networks to
large and complex databases, document management, and econometric
systems on minicomputers and mainframes. To ensure continued
reliability and availability of existing application systems and to
develop new and enhanced application systems, the RFP required the
successful contractor to "provide a stable cadre of personnel working
on site in partnership with Government employees to deliver" the
required services.
The RFP provided for award of a fixed-price/level-of-effort and
indefinite quantity/ labor hour contract for a base period with four
1-year options. Award was to be made to the offeror submitting the
proposal representing the best value to the government, technical and
price factors considered. To be "eligible for award," proposals had
to meet the following conditions: the technical proposal had to be
"responsive" to all sections of the solicitation and offer the best
overall value; the proposed price had to be determined to be
reasonable; and the offeror had to be found responsible. The RFP
contained the following technical evaluation factors, listed in
descending order of importance: (1) technical performance; (2) past
performance; and (3) corporate capability and performance management.
Concerning the cost/price evaluation, the RFP stated that each
offeror's proposal would be assessed for cost realism, total contract
cost, and cost risk. The RFP stated that cost realism would be
evaluated in accordance with Federal Acquisition Regulation (FAR) sec.
52.222-46, which states, in part, as follows:
The Government is concerned with the quality and stability of the
work force to be employed on this contract.
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