S3 LTD, B-288195; B-288195.2; B-288195.3, September 10, 2001
Case: B-288195
Agency:
Protester: S3 LTD, B
Date: 2001-09-10
Denied
S3 LTD, B-288195; B-288195.2; B-288195.3, September 10, 2001
TITLE: S3 LTD, B-288195; B-288195.2; B-288195.3, September 10, 2001
BNUMBER: B-288195; B-288195.2; B-288195.3
DATE: September 10, 2001
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S3 LTD, B-288195; B-288195.2; B-288195.3, September 10, 2001
Decision
Matter of: S3 LTD
File: B-288195; B-288195.2; B-288195.3
Date: September 10, 2001
Robert A. Klimek, Jr., Esq., Darrell Craft, Esq., and Nicholas H. Cobbs,
Esq., Klimek, Kolodney & Casale, for the protester.
Daniel R. Weckstein, Esq., Michael L. Sterling, Esq., Walter T. Camp, Esq.,
and David W. Lannetti, Esq., Vandeventer Black, for Management Consulting,
Inc., an intervenor.
Barbara J. Amster, Esq., and Theresa A. Chesnut, Esq., Department of the
Navy, for the agency.
Tania Calhoun, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protests that contracting agency improperly evaluated offerors' past
performance are denied where the record shows the evaluation was reasonable
and consistent with the evaluation criteria; protester's disagreement with
the agency's interpretation of the facts surrounding its past performance
does not show that the agency's perception of that past performance was
unreasonable.
DECISION
S3 LTD protests the award of a contract to Management Consulting, Inc.
(MANCON) under request for proposals (RFP) No. N00244-00-R-0028, issued by
the Naval Supply Systems Command's Fleet and Industrial Supply Center-San
Diego (FISC-SD) to obtain Regional Business Support (RBS) services. S3
contends that the Navy improperly evaluated proposals with respect to past
performance.
We deny the protests.
The Navy issued the solicitation on March 16, 2000 to meet anticipated labor
support needs of Department of Defense and other federal agency customers in
the southwest region of the United States. These anticipated needs include
support services in such varied categories as administrative and clerical,
technical, information technology, specialized technology, financial,
medical, industrial, and education and training.
The RFP contemplated the award of an
indefinite-delivery/indefinite-quantity, time-and-materials-type contract
under which federal customers could place task orders through FISC-SD for
specific services. The contract was to be awarded based on initial
proposals, without discussions, to the offeror whose proposal offered the
best value to the government. Proposals were to be evaluated under three
factors, listed in descending order of importance: past performance, cost,
and small business subcontracting.
The Navy planned to evaluate the past performance of offerors and their
proposed subcontractors as it related to the probability of successful
accomplishment of the work. Each offeror was asked to submit a list of its
government contracts and a detailed description of each contract received or
in performance during the past 5 years that was in any way relevant to the
required effort. Offerors were also asked to forward risk assessment
questionnaires to respondents for their contracts, who were to send the
completed questionnaires to the government point of contact for this
solicitation. The Navy intended to evaluate the risks associated with an
offeror's past performance under seven factors: relevance, quality,
timeliness, cost control, business relations, customer satisfaction, and
subcontracting plans (if applicable). [1] Relevance was the most important
of these factors; the remaining factors were equally important. Each
performance risk assessment was to consider the number and severity of
problems, the effectiveness of corrective actions taken and the overall work
record. RFP sect. M.1.D.1.
The Navy received proposals from 15 offerors and the performance risk
assessment group (PRAG) commenced its past performance evaluation. In
addition to the information included in each proposal, the PRAG reviewed the
completed questionnaires it received and conducted telephone interviews with
respondents who failed to return questionnaires. After each PRAG member
reviewed each response and arrived at overall adjectival ratings for each
offeror, the PRAG met to develop consensus findings that are documented in
its past performance report.
The PRAG rated MANCON's proposal "outstanding" overall and ranked its past
performance first among all offerors. An "outstanding" rating was to be
assigned when "essentially no doubt existed" that the offeror would
successfully perform the required effort. Source Selection Plan (SSP) at 25.
The PRAG rated MANCON's proposal "outstanding" under each subfactor and
identified various strengths and no weaknesses.
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