Summit Research Corporation, B-287523; B-287523.3, July 12, 2001
Case: B-287523
Agency:
Protester: Summit Research Corporation, B
Date: 2001-07-12
Sustained
Summit Research Corporation, B-287523; B-287523.3, July 12, 2001
TITLE: Summit Research Corporation, B-287523; B-287523.3, July 12, 2001
BNUMBER: B-287523; B-287523.3
DATE: July 12, 2001
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Summit Research Corporation, B-287523; B-287523.3, July 12, 2001
Decision
Matter of: Summit Research Corporation
File: B-287523; B-287523.3
Date: July 12, 2001
Patricia H. Wittie, Esq., Kurt D. Ferstl, Esq., and David T. Hickey, Esq.,
Reed Smith, for the protester.
James H. Roberts, III, Esq., Manatt, Phelps & Phillips, for AverStar, Inc.,
an intervenor.
Robert C. Peterson, Esq., Space and Naval Warfare Systems Center, Department
of the Navy, for the agency.
Ralph O. White, Esq., Office of the General Counsel, GAO, participated in
the preparation of the decision.
DIGEST
1. Protest challenging an agency's conclusion that an evaluation of small
business participation should reflect only the offeror's reliance on small
business subcontractors--and not also whether the offeror is itself a small
business--is sustained where the record shows that the evaluation clause at
issue, on its face, advised that the agency would assess small business
participation, not small business subcontracting, and where the solicitation
and the agency's own evaluation forms, request information about, and
reflect consideration of, the aggregate use of small business in performance
of the total contract.
2. Protest alleging that agency evaluators unreasonably ignored information
received from the Defense Contract Audit Agency (DCAA) advising that one of
an offeror's proposed key personnel was no longer employed by the company is
sustained where the record shows that the DCAA advised the agency of the
employee's departure more than a month before contract award, and the agency
took no steps to change its evaluation or consider the impact of the
employee's departure, despite acting on several other recommendations
provided in the same communication.
DECISION
Summit Research Corporation protests the award of a contract to AverStar,
Inc. by the Space and Naval Warfare Systems Center, Department of the Navy
pursuant to request for proposals (RFP) No. N65236-00-R00523, issued to
procure training for mid- and senior-level operators of sensor-based
intelligence gathering equipment used in support of patrol and
reconnaissance forces (and other operational Naval commands) of the Atlantic
and Pacific fleets. Summit argues that the Navy unreasonably selected
AverStar for award due to errors in the agency's technical evaluation and
cost realism review.
We sustain the protest.
BACKGROUND
The Space and Naval Warfare Systems Center in Charleston, South Carolina, is
responsible for providing systems training and sensor data library support
for users throughout the Navy fleet. This training is termed All-Sensor
Advanced Analysis Training, while the support functions are termed All
Sensor related technical services; both are provided as part of readiness
training and support for Navy Command Control Communications Computer and
Intelligence (C4I) personnel to ensure a high level of proficiency in sensor
analysis skills. RFP at 9. Summit, a small business, is the incumbent
contractor providing these training services since the inception of this
readiness training program in 1984. Protest at 4.
The RFP was issued on June 13, 2000, and anticipated award of a
cost-plus-fixed-fee, indefinite-delivery/indefinite-quantity (ID/IQ) task
order type contract, for a base year, followed by four 1-year options, "to
the acceptable offeror whose total offer on all items is the most
advantageous to the Government considering price and other factors." RFP at
7, 30, 88. To determine the most advantageous proposal, the RFP identified
four evaluation factors, which it termed "other factors," presumably in
contrast to the cost factor. These other factors were: (1) experience, (2)
past performance, (3) personnel qualifications, and (4) small business,
small disadvantaged business, HUBZone small business, and women-owned small
business participation (hereinafter "small business participation"). Id. at
89-90, RFP amend. 0003 at 2. The RFP advised offerors that the evaluation
factors of experience, past performance, and personnel qualifications were
equal in importance, and each was significantly more important than the
small business participation factor; it also advised that the evaluation
factors above would be significantly more important than cost, but that cost
would be an important factor in this evaluation scheme. RFP at 88-89.
Full decision text continues on ProtestIntel...