DeLeon Technical Services, Inc.; TekStar, Inc., B-288811; B-288811.2; B-288811.3, December 12, 2001
Case: B-288811
Agency:
Protester: DeLeon Technical Services, Inc.; TekStar, Inc., B
Date: 2001-12-12
Denied
DeLeon Technical Services, Inc.; TekStar, Inc., B-288811; B-288811.2; B-288811.3, December 12, 2001
TITLE: DeLeon Technical Services, Inc.; TekStar, Inc., B-288811; B-288811.2; B-288811.3, December 12, 2001
BNUMBER: B-288811; B-288811.2; B-288811.3
DATE: December 12, 2001
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Decision
Matter of: DeLeon Technical Services, Inc.; TekStar, Inc.
File: B-288811; B-288811.2; B-288811.3
Date: December 12, 2001
Kevin P. Mullen, Esq., Piper Marbury Rudnick & Wolfe, for DeLeon Technical
Services, Inc., and Robert S. Gardner, Esq., for TekStar, Inc., the
protesters.
Craig A. Holman, Esq., and Kara L. Daniels, Esq.., Holland & Knight, for
Phoenix Management, Inc., an intervenor.
Warren D. Leishman, Esq., and Gregory H. Petkoff, Esq., Department of the
Air Force, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protests relating to the propriety of an agency's evaluation of proposals
are denied where record shows that agency's evaluation was reasonable and
consistent with the evaluation scheme outlined in the solicitation;
protesters' disagreement with agency's evaluation conclusions is inadequate
to show evaluation was unreasonable.
2. Protest that agency failed to engage in adequate discussions is denied
where record shows that offerors were led into areas of their proposals
requiring amplification or correction; agencies are not required to "spoon
feed" offerors with respect to each and every element of their proposals
found deficient.
DECISION
DeLeon Technical Services, Inc. and TekStar, Inc. protest the award of a
contract to Phoenix Management, Inc. under request for proposals (RFP) No.
F05603-00-R0001, issued by the Department of the Air Force for logistics
support services at several Air Force installations. Both protesters
maintain that the agency misevaluated proposals in several respects and
failed to engage in meaningful discussions.
We deny the protests.
The RFP contemplated the award of a contract to perform consolidated
logistics support services at four Air Force installations: Peterson Air
Force Base (AFB), F.E. Warren AFB, Malmstrom AFB, and Vandenberg AFB.
Performance is for a basic contract period of 1 year, with 5 option years,
and is to commence initially only at Peterson AFB, with the other
installations being phased in gradually over a period of approximately 4
years (as preexisting contracts at the other installations expire). Award
was to be made to the firm submitting the proposal deemed to offer the best
value to the government considering price and non-price factors. RFP sect. M-1.
There were three non-price evaluation factors: past performance/confidence,
proposal risk, and mission capability. Past performance/confidence and
proposal risk were equal in importance, and both were more important than
mission capability; each of the three factors was more important than price,
and the three combined were significantly more important than price. RFP sect.
M-3.
The Air Force received numerous proposals and, after an initial evaluation,
established a competitive range comprised of DeLeon, TekStar and Phoenix.
After engaging in discussions and obtaining final proposal revisions, the
agency rated the proposals as follows:
Phoenix DeLeon TekStar
Past Performance/ Exceptional/High Very Good/ Satisfactory/
Confidence
Confidence Significant Confidence
Confidence
Proposal Risk Low Moderate Low
Mission Green/Acceptable Green/Acceptable Green/Acceptable
Capability
Price $64,504,485 $57,517,350 $61,363,066
On the basis of these evaluation results, the agency concluded that
Phoenix's technically superior proposal offered the best overall value to
the government notwithstanding its higher cost, and therefore made award to
that firm.
TEKSTAR'S PROTEST
Mission Capability Evaluation
The RFP required the successful contractor to establish a
consolidated/integrated supply "back shop," where common supply functions
for all four installations would be performed, thereby eliminating
duplicative logistics and supply operations at the various locations. The
mission capability criterion included a subfactor under which offerors'
approaches to centralization and management of the supply back shops would
be assessed. RFP sect.sect. M-5.B, M-5.B.2.
TekStar contends that the agency improperly applied an unstated evaluation
consideration in distinguishing between its and the awardee's proposals
under the mission capability factor. Specifically, TekStar claims the agency
improperly highlighted the point in time when each firm proposed to
establish the consolidated supply back shop.
Full decision text continues on ProtestIntel...