A&T Engineering Technologies, VECTOR Research Division, B-282670; B-282670.2, August 13, 1999

A&T Engineering Technologies, VECTOR Research Division, B-282670; B-282670.2, August 13, 1999 TITLE: A&T Engineering Technologies, VECTOR Research Division, B-282670; B-282670.2, August 13, 1999 BNUMBER: B-282670; B-282670.2 DATE: August 13, 1999 ********************************************************************** A&T Engineering Technologies, VECTOR Research Division, B-282670; B-282670.2, August 13, 1999 Decision Matter of: A&T Engineering Technologies, VECTOR Research Division File: B-282670; B-282670.2 Date: August 13, 1999 John S. Pachter, Esq., Jonathan D. Shaffer, Esq., and Jennifer A. Mahar, Esq., Smith, Pachter, McWhorter & D'Ambrosio, for the protester. Thomas P. Humphrey, Esq., John E. McCarthy, Jr., Esq., and Daniel R. Forman, Esq., Crowell & Moring, for Marconi Systems Technologies, Inc., an interested party. Chris E. Hagberg, Esq., 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 allegation of an improper "bait and switch" scheme based on an e-mail note sent by an employee of the awardee to an incumbent employee seeking a job with the new contractor which states that the awardee does not have "people waiting in the wings to work on this contract" is denied where there is no showing in the record that the awardee has misrepresented the availability or commitment of its personnel; the awardee's proposal offered to hire incumbents in accordance with the substitution of key personnel clause, while explaining that it had no information at the time of proposal submission about the availability of those incumbents; the solicitation does not bar substitution of personnel when directed by the agency; and there is no other evidence in the record to support the interpretation of the e-mail note urged by the protester. 2. Protester's contention that the agency improperly evaluated its proposed personnel is denied where the record shows that the evaluation was consistent with the stated evaluation criteria and reasonable. DECISION A&T Engineering Technologies, VECTOR Research Division protests the award of a contract to Marconi Systems Technologies, Inc. under request for proposals (RFP) No. N00167-98-R-0027, issued by the Department of the Navy, Naval Surface Warfare Center, for scientific and engineering support services for the Navy's Acoustic Research Detachment (ARD), located at Lake Pend Oreille in Bayview, Idaho. VECTOR argues that Marconi is engaged in a "bait and switch" scheme by offering key personnel that it does not expect to use during contract performance. In addition, VECTOR contends that the Navy misevaluated its proposal. We deny the protest. BACKGROUND The Navy's ARD conducts acoustic research and analysis in support of stealth technology for submarine programs. To accomplish this mission, ARD maintains test facilities, including acoustic ranges, on Lake Pend Oreille, a large freshwater lake located in the Idaho panhandle with depths exceeding 1,100 feet. At Lake Pend Oreille, the Navy operates and maintains the KOKANEE (also referred to as Large Scale Vehicle-1 (LSV-1)), which is an unmanned, self-propelled, �-scale submarine, approximately 10 feet in diameter, and 90 feet long. The KOKANEE is used for "hydrodynamic, acoustic, and structural Research, Development, Test and Evaluation (RDT&E) of subsea technology for the Navy." RFP at 7. In addition to the KOKANEE, the Navy maintains other large models, floating platforms, and research laboratories at its ARD facilities. The RFP, issued April 24, 1998, anticipates award of an indefinite-quantity, indefinite-delivery, cost-plus-fixed-fee contract, for a period of 5 years, to the offeror whose proposal represents the best value to the government. RFP at 2, 145. The RFP sets forth two separate tasks. Task I covers the operation, maintenance, and logistical support of the KOKANEE (including its hull, mechanical, electrical, and other systems), and of the equipment used on board the vessel for acoustic research. Task II covers the operation, maintenance, and logistic support of other vehicles, data acquisition systems, and facilities, related to other ARD research activities. Task II could also include special installations, upgrades, or modifications to the KOKANEE. RFP at 6-7. The RFP requires different staffing approachs for task I and task II. For task I--the operation and support of the KOKANEE--the RFP requires offerors to propose the labor categories, designate which should be considered key, and propose the necessary labor hours. RFP at 118. The Navy explained that it adopted this approach because the task I efforts have been the same for more than 10 years, which led it to conclude that offerors should be able to structure their own approach to meeting the agency's needs. Letter from Contracting Officer to VECTOR 1 (June 17, 1998).