SDS International, Inc., B-279361; B-279361.2; B-279361.3,

SDS International, Inc., B-279361; B-279361.2; B-279361.3, BNUMBER: B-279361; B-279361.2; B-279361.3 DATE: June 8, 1998 TITLE: SDS International, Inc., B-279361; B-279361.2; B-279361.3, June 8, 1998 ********************************************************************** 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:SDS International, Inc. File:B-279361; B-279361.2; B-279361.3 Date:June 8, 1998 James S. DelSordo, Esq., and Barbara S. Kinosky, Esq., Kinosky, Phillips & Lieberman, for the protester. Marian E. Sullivan, Esq., Department of the Air Force, for the agency. Christine F. Davis, Esq., and James Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably evaluated the awardee's proposed level of effort as technically acceptable, where it comports with the government estimate and the level of effort expended under prior contracts for these services. DECISION SDS International, Inc. protests the award of a contract to Avtech Research Corporation, the incumbent contractor, under request for proposals (RFP) No. F26600-98-R-0003, issued by the Department of the Air Force, to provide data analysis and technical expertise for Foreign Materiel Exploitation, Special Access Required Program testing and Air Force Tactics, Techniques, and Procedures publications. We deny the protest. The RFP performance work statement (PWS) listed 13 general tasks to be performed by the contractor in support of advanced tactical fighter and other developmental programs. PWS sec. 5.1. Twelve of these tasks required the contractor to plan and execute tests; to produce reports, publications, and briefing materials (including classified documents and CD-ROM versions of publications); and to attend meetings and conferences. PWS sec. 5.1.1 to 5.1.12. The remaining task required the contractor to provide automated data processing (ADP) support services for approximately 50 computers with peripheral equipment; the required support included making repairs, recommending software and hardware upgrades, and installing software upgrades furnished by the government. PWS sec. 5.1.13. The RFP instructed offerors to describe in their technical proposals their approach to the PWS tasks. RFP sec. L-900-2.a.(1)(c), (e). The RFP provided for the award of a fixed-price contract for a base period with 4 option years on a low-priced, technically acceptable basis. RFP sec. B, L-65C, M-16C(b). The RFP stated five equally important evaluation factors: (1) Management, (2) Production, (3) Quality, (4) Past Performance, and (5) Price, including options. RFP sec. M-16C(a), M-72. The production factor provided for an evaluation of the offeror's proposed staffing chart, which was to reflect the number of employees proposed for contract performance. RFP sec. L-900-2.a.(2)(a). None of the evaluation factors provided for an evaluation of the offeror's technical approach to the PWS requirements. RFP sec. L-900-2.a.(2), M-16C(a). The RFP provided workload data to assist offerors in estimating their staffing needs, including a technical exhibit showing the expected number of tests, briefings, and CD-ROM volumes to be required per year. PWS Technical Exhibit 2. The workload estimates were based upon the government's historical requirements for these services. Although not disclosed in the RFP, the Air Force estimated a need for two employees to perform the contract, for an overall estimated contract price of $750,000.[1] The government estimate was based upon the assumption that two employees have performed these services for more than 5 years, first under a General Services Administration (GSA) contract and then under a 6-month interim contract awarded to Avtech by the Air Force. Avtech and SDS submitted proposals in response to the RFP. Avtech proposed to perform the contract with [deleted] employees for a total price of $736,014, which closely approximated the government estimate. SDS proposed to perform the contract with [deleted] employees[2] for a total price of $1,719,012. The Air Force evaluated both proposals as technically acceptable. That being the case, award was made on the basis of Avtech's lower-priced proposal. SDS protests that the Air Force should have rejected Avtech's proposal as technically unacceptable because it allegedly did not address a mandatory PWS requirement and did not propose sufficient personnel to perform the PWS tasks. The evaluation of technical proposals is primarily the responsibility of the contracting agency; the agency is responsible for defining its needs and the best method of accommodating them and must bear the burden of any difficulties arising from a defective evaluation.