Communication Technologies, Inc., B-283491; B-283491.2, November 30, 1999
Case: B-283491
Agency:
Protester: Communication Technologies, Inc., B
Date: 1999-11-30
Denied
Communication Technologies, Inc., B-283491; B-283491.2, November 30, 1999
TITLE: Communication Technologies, Inc., B-283491; B-283491.2, November 30, 1999
BNUMBER: B-283491; B-283491.2
DATE: November 30, 1999
**********************************************************************
Communication Technologies, Inc., B-283491; B-283491.2, November 30, 1999
Decision
Matter of: Communication Technologies, Inc.
File: B-283491; B-283491.2
Date: November 30, 1999
Lee P. Curtis, Esq., Scott Arnold, Esq., W. Hartman Young, Esq., and Linda
A. Mayer, Esq., Howrey & Simon, for the protester.
Andrew P. Hallowell, Esq., Pamela J. Mazza, Esq., and Antonio R. Franco,
Esq., Piliero, Mazza & Pargament, for ARTEL, Inc., an intervenor.
H. Jack Shearer, Esq., and McKenzie Whitaker, Esq., Defense Information
Systems Agency, 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
Protester's contentions that the agency unreasonably evaluated its proposal
with an eye toward ensuring that the awardee would prevail (after the source
selection authority directed a reevaluation of proposals in certain areas
before making his selection decision) is denied where the record shows no
evidence of bad faith on the part of the agency evaluators, and where the
evaluation was reasonable and in accordance with stated evaluation criteria.
DECISION
Communication Technologies, Inc. (Comtek) protests the award of a contract
to ARTEL, Inc. by the Defense Information Systems Agency (DISA), pursuant to
request for proposals (RFP) No. DCA200-98-R-0060, issued to procure
engineering services in support of the Defense Switched Network (DSN), the
Defense Information Systems Network (DISN), and other related networks.
Comtek argues that the agency's selection decision was improperly based on
unreasonable evaluation conclusions in the areas of past performance and
experience, and an unreasonable view that the ARTEL proposal offered a
better approach to working with DISA's large business network support
contractor.
We deny the protest.
BACKGROUND
This procurement is the small business set-aside component of two related
service contracts awarded by DISA. The instant contract is referenced by
DISA as the DISN Network Management Support Services--Global (DNMSS-G)
Associate Support Contract (ASC), hereinafter, the ASC contract; the related
large business contract is referenced by DISA as the DNMSS-G Network
Engineered Contract (NEC), hereinafter, the NEC contract. Both solicitations
were issued on December 1, 1998. The ASC RFP anticipated award of an
indefinite-delivery/indefinite-quantity contract with a 2-year base period
and three 1-year options. RFP sect. F-1. The RFP sought engineering, program
development, testing, installation, provisioning, and operations and
maintenance in support of the DSN, the Defense Red Switch Network (which
handles secured communications), and DISA's Metropolitan Area Networks.
Agency Report (AR) at 4-5. The RFP contained a $2.5 million minimum purchase
guarantee, and a $100 million maximum value. RFP sect. H-2. In addition, the RFP
included the limitation on subcontracting clause at Federal Acquisition
Regulation (FAR) sect. 52.219-14, which requires that at least 50 percent of the
cost of performance incurred for personnel shall be for employees of the
small business prime contractor. RFP sect. I, at 1.
The RFP advised offerors that the agency would make award to the offeror
whose proposal represented the best value after consideration of three major
areas--technical/management, past performance/experience, and cost/price.
RFP sect. M-2. The RFP provided the following guidance on the relative weight of
these three areas:
In award selection, "Technical/Management" is more important than "Past
Performance/Experience," which is significantly more important than
"Price/Cost." "Past Performance/Experience" and "Price/Cost" together are
approximately equal to "Technical/Management."
RFP sect. M-3.d. Under the technical/management evaluation area, the RFP
identified several detailed evaluation factors and subfactors; however,
these details are not relevant to this decision as there is no challenge to
the evaluation under these factors or subfactors.
Under the past performance/experience area--the area that is largely the
focus of this protest--the RFP advised that past performance and experience
would be "approximately equal in importance." RFP sect. M-6.a. In preparing
their proposals, offerors were required to identify for evaluation between
three and five prior contracts similar to the ASC contract. RFP sect. L-12.c.3.
In addition, offerors were required to identify three similar contracts for
any of the offeror's major subcontractors (defined as any subcontractor
expected to perform at least 10 percent of the work). RFP sect.sect.
Full decision text continues on ProtestIntel...