Lear Siegler Services, Inc., B-280834; B-280834.2, November
Case: B-280834
Agency:
Protester: Lear Siegler Services, Inc., B
Date: 1998-11-25
Denied
Lear Siegler Services, Inc., B-280834; B-280834.2, November
BNUMBER: B-280834; B-280834.2
DATE: November 25, 1998
TITLE: Lear Siegler Services, Inc., B-280834; B-280834.2, November
25, 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:Lear Siegler Services, Inc.
File: B-280834; B-280834.2
Date:November 25, 1998
Harvey G. Sherzer, Esq., Lee P. Curtis, Esq., Allen Cannon, III, Esq.,
and Douglas S. Manya, Esq., Howrey & Simon, for the protester.
Cyrus E. Phillips, IV, Esq., William H. Butterfield, Esq., and
Christopher H. Jensen, Esq., Kilcullen, Wilson and Kilcullen, for
Sikorsky Support Services, Inc., an intervenor.
Ellen Washington, Esq., and J. Cole Cartledge, Esq., Naval Air Systems
Command, Department of the Navy, for the agency.
Ralph O. White, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protester's contention that inconsistencies in the ratings
definitions found in the source selection plan resulted in an
unreasonable evaluation is denied where the record shows that the
evaluators performed a reasonable assessment of proposals in
accordance with the solicitation's evaluation plan.
2. Allegation that agency held inadequate discussions because it did
not advise the protester that its price was considered high is denied
where the record shows that the protester's initial price was, in
fact, within the middle range of prices, and even as revised, was not
so much higher than the prices of other offerors to require advising
the protester of this fact.
3. Protest that agency's evaluation of past performance failed to
consider the relevance of an offeror's experience is denied where the
record shows that the agency evaluators considered the awardee's lack
of relevant experience and reflected it in the assigned rating.
Although the record is less clear about whether the agency considered
the relevance of the protester's experience (protester was the
incumbent for these services for the previous 10 years), the agency
reasonably rated the protester's experience as satisfactory, given the
protester's problems in performing these services during the
predecessor contract.
4. Contention that agency performed a flawed price analysis by
failing to consider whether the awardee planned to provide the fringe
benefits required under the applicable collective bargaining
agreements and wage determinations, thus permitting the awardee a
competitive advantage, is denied where the record does not indicate
that the awardee will not comply with the required compensation
levels, and where the agency's price analysis was otherwise
reasonable.
5. Protester's contention that agency failed to perform an
appropriate price/technical tradeoff between its proposal and the
proposal of the awardee is denied where the record shows that the
protester was not prejudiced by any failure in this regard because the
protester was not next in line for award. Instead, a tradeoff was
made between the awardee's lower-rated, lower-priced proposal, and
another offeror's proposal that was rated higher, but priced lower,
than the protester's proposal.
DECISION
Lear Siegler Services, Inc. (LSI) protests the award of a contract to
Sikorsky Support Services, Inc., by the Department of the Navy
pursuant to request for proposals (RFP) No. N00019-97-R-0030, issued
for maintenance of fixed- and rotary-wing aircraft at Naval Air
Stations in Meridian, Mississippi; Pensacola, Florida; and Corpus
Christi, Texas. LSI argues that the Navy's method of evaluating
proposals was irrational; that the agency failed to hold meaningful
discussions; that the agency's assessment of past performance and its
price analysis were unreasonable; and that the selection decision was
flawed for the reasons above, and improper on its face.
We deny the protest.
BACKGROUND
The RFP, issued December 24, 1997, sought maintenance services for
approximately 139 T-2C and TA-4J aircraft (together with approximately
5 HH-1N and UH-3H helicopters) used by the Chief of Naval Air Training
to train undergraduate student pilots in intermediate and advanced
"Strike" fighter skills. Hearing Transcript (Tr.) at 83-84. The RFP
anticipated award of a fixed-price requirements contract for a 1-year
base period, followed by four 1-year options, to the offeror whose
proposal represented the best value to government.
As amended, the RFP identified three evaluation factors, in descending
order of importance: technical, management, and price.
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