Future-Tec Management Systems, Inc.; Computer & Hi-Tech, B-283793.5; B-283793.6, March 20, 2000
Case: B-283793.5
Agency:
Protester: Future
Date: 2000-03-20
Sustained
Future-Tec Management Systems, Inc.; Computer & Hi-Tech, B-283793.5; B-283793.6, March 20, 2000
TITLE: Future-Tec Management Systems, Inc.; Computer & Hi-Tech, B-283793.5; B-283793.6, March 20, 2000
BNUMBER: B-283793.5; B-283793.6
DATE: March 20, 2000
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Future-Tec Management Systems, Inc.; Computer & Hi-Tech, B-283793.5;
B-283793.6, March 20, 2000
Decision
Matter of: Future-Tec Management Systems, Inc.; Computer & Hi-Tech
Management, Inc.
File: B-283793.5; B-283793.6
Date: March 20, 2000
Dean M. Dilley, Esq., Douglas C. Proxmire, Esq., and Robert K. Tompkins,
Esq., Patton Boggs, for Future-Tec Management Systems, Inc., and Edward J.
Tolchin, Esq., Fettmann, Tolchin & Majors, for Computer & Hi-Tech
Management, Inc., the protesters.
Andrew P. Hallowell, Esq., Piliero, Mazza & Pargament, for Systems
Engineering & Security, Inc., an intervenor.
David H. Turner, Esq., Naval Supply Systems Command, for the agency.
Christina Sklarew, Esq., and Paul I. Lieberman, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency's evaluation of technical proposals and the subsequent award
decision cannot be found reasonable where the evaluation record includes
only minimal information and conclusory statements and the agency fails to
provide documentation or other explanations that reasonably support the
overall assessments of the two protesters' and the awardee's proposals.
2. Agency's adjustment of proposed costs is not reasonable where it is
essentially based on agency's misunderstanding of the proposal.
DECISION
Future-Tec Management Systems, Inc. and Computer & Hi-Tech Management, Inc.
(CHM) protest the Department of the Navy's award of a contract to Systems
Engineering and Security, Inc. (SES) under request for proposals (RFP) No.
00140-99-R-G413, issued by the Navy Fleet and Industrial Supply Center
(FISC)-Norfolk Detachment Philadelphia. Both Future-Tec and CHM protest that
the Navy's evaluation of technical proposals and the resulting source
selection were improperly performed, and allege that SES proposed key
personnel that it knew or should have known would not work full time on the
project, as required by the RFP. In addition, CHM protests that the Navy's
cost realism analysis was improper, and resulted in an unreasonable and
arbitrary increase in CHM's evaluated proposed costs.
We sustain the protests.
The RFP was issued on June 25, 1999, by the FISC office on behalf of the
Navy Reserve Information Systems Office and the Systems Executive Office for
Manpower and Personnel, both located in New Orleans, Louisiana. The RFP
explained that these offices have been tasked to develop world class
software products and to market their capability to new customers, and
sought offers for a broad range of automated information system support and
infrastructure services for these offices.
The RFP, issued as a competitive procurement set aside for small
disadvantaged businesses under the Small Business Administration's 8(a)
program, contemplated the award of a cost-plus-fixed-fee (CPFF),
indefinite-delivery/indefinite-quantity contract, under which services would
be ordered by delivery or task orders. The RFP provided that the government
intended to make an award to the offeror whose proposal presented the best
value to the government, and stated that a proposal's technical merit would
be considered more important than cost. The solicitation listed the
following technical evaluation factors in descending order of importance,
stating that the first two would be considered equal in weight: corporate
experience, past performance, technical approach, management plan, and
personnel resources. RFP sect. M.
Offerors were instructed to prepare their technical proposals in two
volumes, with the first volume to include written descriptions of the
offeror's past performance and its personnel resources, and the second to
include transparencies and slides that would be used during oral
presentations, covering technical approach, management approach, and
corporate experience. RFP sect. L.I.
With respect to past performance, the RFP instructed offerors as follows (in
relevant part):
[D]escribe . . . past performance on directly related or similar contracts
. . . held within the last five (5) years which are of similar scope,
magnitude and complexity to that which is detailed in the RFP. Offerors who
describe similar contracts shall provide a detailed explanation
demonstrating the similarity of the contracts to the requirements of the
RFP. In determining the rating for the past performance evaluation factor,
the Government will give greater consideration to the contracts which are
most relevant to the RFP.
RFP sect. L.III.A.1, at 51.
The personnel resources factor listed key personnel resumes and staffing as
subfactors and stated that they were of equal importance.
Full decision text continues on ProtestIntel...