Day & Zimmermann Pantex Corporation, B-286016; B-286016.2; B-286016.3; B-286016.4, November 9, 2000

Case: B-286016 Agency: Protester: Day & Zimmermann Pantex Corporation, B Date: 2000-11-09 Denied
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Day & Zimmermann Pantex Corporation, B-286016; B-286016.2; B-286016.3; B-286016.4, November 9, 2000 TITLE: Day & Zimmermann Pantex Corporation, B-286016; B-286016.2; B-286016.3; B-286016.4, November 9, 2000 BNUMBER: B-286016; B-286016.2; B-286016.3; B-286016.4 DATE: November 9, 2000 ********************************************************************** Day & Zimmermann Pantex Corporation, B-286016; B-286016.2; B-286016.3; B-286016.4, November 9, 2000 Decision Matter of: Day & Zimmermann Pantex Corporation File: B-286016; B-286016.2; B-286016.3; B-286016.4 Date: November 9, 2000 Richard J. Conway, Esq., Jacob B. Pankowski, Esq., and Denis W. Kohl, Esq., Dickstein, Shapiro, Morin & Oshinsky, for the protester. John W. Chierichella, Esq., Anne B. Perry, Esq., and Marjorie D. Purcell, Esq., Fried, Frank, Harris, Shriver & Jacobson, for BWXT Pantex, LLC, an intervenor. Gena E. Cadieux, Esq., Joseph A. Lenhard, Esq., Wilfred E. Maez, Esq., and Keith R. Landolt, Esq., Department of Energy, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest against agency past performance evaluation rating protester, the incumbent contractor at nuclear weapons plant, as only satisfactory overall when awardee was rated as outstanding overall is denied, where record supports agency determination that protester has had continuing, significant problems in ensuring that plant is fully able to perform critical mission, necessary to ensure the safety and reliability of the United States nuclear weapons stockpile, of assembling and disassembling nuclear weapons in support of nuclear stockpile life extension and evaluation programs, while the awardee's team has a very good performance record under a number of relevant contracts. DECISION Day & Zimmermann Pantex Corporation (DZX) protests the Department of Energy's (DOE) award of a contract to BWXT Pantex, LLC under request for proposals (RFP) No. DE-RP04-00AL66620, for management and operation of DOE's Pantex Plant near Amarillo, Texas. DZX, the incumbent contractor (after acquiring the prior contractor, Mason & Hanger Corporation, on June 1, 1999), primarily challenges the evaluation of the offerors' past performance. We deny the protest. BACKGROUND The solicitation contemplated the award of a cost-plus-award-fee contract, with a 5-year base period with the option to extend the contract for an additional 5 years, to manage and operate the Pantex Plant. The Pantex Plant, which includes 730 buildings on more than 10,000 thousand acres, is the only United States plant for the assembly and disassembly of nuclear weapons. The plant is primarily used for (1) the maintenance, assessment and refurbishment of nuclear weapons in the active inventory, and (2) the dismantlement of nuclear weapons to be retired from the active inventory. The solicitation's statement of work (SOW) provided for the continued performance of national defense missions assigned and to be assigned to the Pantex Plant, including such specific weapons program work as the assembly and disassembly of nuclear weapons in support of DOE's stockpile life extension and stockpile evaluation programs, repair and modification of nuclear weapons, components, and related devices, and the disassembly of nuclear weapons and related devices no longer required in the military stockpile. More generally, the SOW established a number of overall performance objectives, including requirements to "[e]nsure the full set of manufacturing and evaluation operations can safely be performed on any weapon at any time"; "[i]mplement world class technical business practices and safety management to establish and sustain a state of readiness that will improve . . . mission performance"; implement new diagnostic techniques that will provide high quality data on the safety and reliability of the nuclear weapons stockpiles by FY [fiscal year] 2006; and "[e]ffectively use advanced design and manufacturing technologies and systems to design and produce products on short cycle times, with quality that approaches zero defects, by FY 2006." SOW sect.sect. C.1.2, C.1.3. The SOW provided further that, "[i]n order to achieve the above results, the Contractor is expected to move to a higher level of performance throughout the term of the Contract by making the following process enhancements: Demonstrate a culture of continuous improvement for plant disciplines (such as disassembly and assembly of nuclear weapons, quality, meeting schedule, cost controls, authorization bases) . . . ." SOW sect. C.1.3. Award was to be made to the responsible offeror whose proposal conformed to the solicitation and represented the best value to the government.

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