KRA Corporation, B-278904; B-278904.5, April 2, 1998
Case: B-278904
Agency:
Protester: KRA Corporation, B
Date: 1998-04-02
Denied
KRA Corporation, B-278904; B-278904.5, April 2, 1998
BNUMBER: B-278904; B-278904.5
DATE: April 2, 1998
TITLE: KRA Corporation, B-278904; B-278904.5, April 2, 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:KRA Corporation
File: B-278904; B-278904.5
Date:April 2, 1998
John E. Jensen, Esq., Daryle A. Jordan, Esq., and Thomas A.
Duckenfield, Esq., Shaw, Pittman, Potts & Trowbridge, for the
protester.
Paralee White, Esq., Michael A. Hordell, Esq., and Laura L. Hoffman,
Esq., Gadsby & Hannah, for Walcoff & Associates, an intervenor.
Gena E. Cadieux, Esq., Patricia D. Graham, Esq., and Joseph A.
Lenhard, Esq., Department of Energy, for the agency.
Jacqueline Maeder, Esq., and Paul Lieberman, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency evaluation of technical proposals is unobjectionable where
the record establishes that the evaluation was reasonable and
consistent with the stated evaluation factors; protester's mere
disagreement with the agency's conclusions does not render the
evaluation unreasonable.
2. Protest that agency failed to perform proper cost/technical
tradeoff is denied where source selection official considered
technical evaluations, past performance ratings, and cost in his award
determination and reasonably determined that the evaluated technical
superiority of the six highest technically-rated proposals warranted
payment of the cost premium associated with certain of these proposals
vis-�-vis other lower technically-rated, lower cost proposals.
DECISION
KRA Corporation protests the Department of Energy's (DOE) decision not
to award KRA a contract under request for proposals (RFP) No.
DE-RP01-97EI30000, issued by DOE for technical services for the Energy
Information Administration (EIA).[1] KRA primarily challenges the
agency's evaluation of KRA's technical proposal and the source
selection determination.
We deny the protest.
DOE issued the RFP, referred to as the EIA Omnibus Procurement (EOP),
via the Internet on July 7, 1997. This solicitation, which combined
technical support services that were currently being performed for EIA
under 11 separate support services contracts, sought separate
proposals for 3 functional areas/contract line items (CLIN),
consisting of information management and product production (IM&PP)
support services (CLIN 001); energy analysis and forecasting support
services (CLIN 002); and information technology support services (CLIN
003). For each CLIN, the RFP listed a maximum number of direct
productive labor hours (DPLH), consisting of 528,984 DPLH for CLIN
001, 183,000 DPLH for CLIN 002, and 412,920 DPLH for CLIN 003. The
RFP provided for multiple indefinite-quantity awards with awardees
becoming eligible for post-award competition for task orders for a
3-year base period with one 2-year option. Since each contract will
have cost reimbursement and fixed-price provisions, the RFP provided
that task orders will be issued on both a cost-plus-fixed-fee and a
fixed-price basis.
Section L.15 of the RFP stated that DOE would "award contracts
resulting from this solicitation to the responsible offerors whose
offer conforming to the solicitation will be the most advantageous to
the Government, cost or price and other factors, specified elsewhere
in the solicitation, considered" and advised that DOE intended to
award on the basis of initial offers without discussions. Section
M-1(B) reiterated that award would be made to the offerors whose
conforming proposals were determined to be most advantageous to the
government. At section M-3, the RFP identified the following weighted
evaluation factors and subfactors:
1. Business management, technical and organizational approach50
1.1 Business management plan 20
1.2 Technical plan 20
1.3 Organizational approach 10
2. Past and present experience 20
3. Corporate resource management 20
3.1 Retain labor categories 5
3.2 Additional resources 5
3.3 Staff training and development 5
3.4 Provide automated data processing (ADP)
hardware, software, facilities 5
4. Videotape response/presentation 10
5.
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