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
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
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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.
Full decision text continues on ProtestIntel...