Hernandez Engineering, Inc.; ASR International Corporation, B-286336; B-286336.2; B-286336.3; B-286336.4, January 2, 2001
Case: B-286336
Agency:
Protester: Hernandez Engineering, Inc.; ASR International Corporation, B
Date: 2001-01-02
Denied
Hernandez Engineering, Inc.; ASR International Corporation, B-286336; B-286336.2; B-286336.3; B-286336.4, January 2, 2001
TITLE: Hernandez Engineering, Inc.; ASR International Corporation, B-286336; B-286336.2; B-286336.3; B-286336.4, January 2, 2001
BNUMBER: B-286336; B-286336.2; B-286336.3; B-286336.4
DATE: January 2, 2001
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Hernandez Engineering, Inc.; ASR International Corporation, B-286336;
B-286336.2; B-286336.3; B-286336.4, January 2, 2001
Decision
Matter of: Hernandez Engineering, Inc.; ASR International Corporation
File: B-286336; B-286336.2; B-286336.3; B-286336.4
Date: January 2, 2001
Richard J. Webber, Esq., and David A. Vogel, Esq., Arent Fox, for Hernandez
Engineering, Inc., and Anthony B. Barton, Esq., Forchelli, Curto, Schwartz,
Mineo, Carlino & Cohn, for ASR International Corporation, the protesters.
Alan M. Grayson, Esq., Ira E. Hoffman, Esq., and Mark R. Mann, Esq., Grayson
and Kubli, for SRS Information Services, an intervenor.
Bernard J. Roan, Esq., National Aeronautics & Space Administration, for the
agency.
Katherine I. Riback, Esq., and James Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that contracting agency improperly evaluated awardee's past
performance as "very good" is denied, even though the agency considered
references of the awardee's parent corporation in the past performance
evaluation, where the solicitation did not require any specific minimum of
reference questionnaire responses and the agency received a reference
questionnaire response regarding a comparable contract performed by the
awardee rating its performance as "very good" to "excellent."
2. Consistent with the solicitation's evaluation factors, agency reasonably
found significant strengths in awardee's proposal that justified a technical
rating that was significantly higher than that of protesters.
3. In calculating probable costs of protesters' proposals, agency reasonably
upwardly adjusted their costs where protesters proposed less staffing than
forecasted in the solicitation for some of the required services without
adequate explanations of the methodology used to develop the proposed lesser
levels of staffing and/or accounting for the enhanced levels of services
contemplated by the solicitation.
DECISION
Hernandez Engineering, Inc. and ASR International Corporation protest the
award of a contract to SRS Information Services, for mission assurance
services by the National Aeronautics & Space Administration (NASA) pursuant
to request for proposals (RFP) No. 5-02035-502. Both protesters challenge
NASA's evaluation of their and the awardee's proposals.
We deny the protests.
BACKGROUND
The Office of Systems Safety and Mission Assurance at Goddard Space Flight
Center conducts reviews before and after launches of flight projects and
provides independent technical support, including risk assessment and
guidance to all flight programs. The procurement at issue here is to support
NASA's mission by providing services in the mission assurance engineering,
system safety, reliability, continuous risk management, and information and
assurance technology areas. RFP attach. A, at 1. The solicitation, issued on
April 6, 2000, as a 100-percent small business set-aside, anticipated the
award of a cost-plus-award-fee (CPAF) contract for 5 years. The RFP stated
the agency's intention to award the contract without discussions.
The three evaluation factors listed in the RFP were, in descending order of
importance: mission suitability, past performance, and cost/price. The RFP
stated that the non-cost/price factors, when combined, were significantly
more important than the cost factor. The mission suitability factor was
point scored and adjectivally rated considering four subfactors: technical
approach and methodology (300 points), scenarios (300 points), management
approach (200 points), and quality approach (200 points). [1] RFP sect. M.3. The
past performance factor was adjectivally rated based largely on responses to
the "Experience and Past Performance Questionnaire" that each offeror was to
send to its references. RFP sect. L.16. For the cost/price factor, the agency
considered both proposed and probable costs, as calculated through cost
realism analyses, for the offerors' proposals for the total 5-year contract
effort as well as for the offerors' responses to the seven scenarios. RFP sect.
M.4.
The RFP further provided for the deduction of points from the mission
suitability score where there was a significant variance between an
offeror's proposed costs and probable costs. [2] As indicated, under the
RFP, cost realism adjustments could be made to the offeror's proposed CPAF
value for the total 5-year effort and to the total CPAF value associated
with the seven scenarios.
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