L-3 Communications, KDI Precision Products, Inc.�, B-290091; B-290091.2; B-290091.3, June 14, 2002
Case: B-290091
Agency:
Protester: L
Date: 2002-06-14
Denied
L-3 Communications, KDI Precision Products, Inc.�, B-290091; B-290091.2; B-290091.3, June 14, 2002
TITLE: L-3 Communications, KDI Precision Products, Inc.�, B-290091; B-290091.2; B-290091.3, June 14, 2002
BNUMBER: B-290091; B-290091.2; B-290091.3
DATE: June 14, 2002
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L-3 Communications, KDI Precision Products, Inc. , B-290091; B-290091.2;
B-290091.3, June 14, 2002
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: L-3 Communications, KDI Precision Products, Inc.
File: B-290091; B-290091.2; B-290091.3
Date: June 14, 2002
Louis D. Victorino, Esq., James J. McCullough, Esq., Jonathan S. Aronie,
Esq., and Abram J. Pafford, Esq., Fried, Frank, Harris, Shriver &
Jacobson, for the protester.
John S. Pachter, Esq., Jonathan D. Shaffer, Esq., S. Jun Jin, Esq., and W.
Stephen Dale, Esq., Smith, Pachter, McWhorter & Allen, for Alliant
Precision Fuze Company, an intervenor.
Warren D. Leishman, Esq., and Gregory H. Petkoff, Esq., Department of the
Air Force, 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
Agency reasonably determined that awardee's performance of certain prior
contracts was not relevant for purposes of evaluating past performance,
where contracts involved more complex and challenging technology than that
under the solicitation; agency reasonably relied instead principally on
awardee's performance on predecessor contract for the solicited work.
DECISION
L-3 Communications, KDI Precision Products, Inc. (KDI) protests the
Department of the Air Force's award of a contract to Alliant Precision
Fuze Company, under request for proposals No. F08635-01-R-0073, for
production of DSU-33 proximity sensors. KDI challenges the evaluation of
past performance and the agency's assessment of program risk based on
KDI's proposal of significant no‑cost-to‑the-government work.
We deny the protest.
The DSU-33 is a nose-mounted, radio frequency proximity sensor for general
purpose bombs and the Joint Direct Attack Munition. The sensor determines
where the ground is relative to the weapon system through receipt of the
return of a signal transmitted to the ground; at a predetermined height
(referred to as *height‑of‑burst*), normally 20 feet above the
ground, the sensor provides a fire pulse to a separate fuze, which in turn
initiates detonation. The RFP provided for award of a primarily
fixed-price contract for the production of up to 72,000 DSU-33 proximity
sensors, including a 12,000-unit maximum basic quantity, with five
12,000-unit maximum option quantities. The contemplated contract is a
follow-on contract to a production contract awarded to Alliant in 1998.
Offerors were allowed to propose to build either to the current DSU-33
technical data package (referred to as *baseline*) or to an alternate
design (referred to as *alternate baseline*).
Award was to be made to the offeror whose conforming proposal represented
the best value, and demonstrated that the offeror can accomplish the RFP
requirements in a manner most advantageous to the government. The RFP
provided for proposals to be evaluated under the following four equally
weighted factors: (1) past performance on current and relevant contracts;
(2) mission capability, including (in descending order of importance)
subfactors for form, fit and function, manufacturing capability, systems
engineering, testing, schedule, and small disadvantaged business
subcontracting; (3) proposal risk (to be assigned at the mission
capability subfactor level only); and (4) cost/price.
Four proposals from three offerors were received in response to the
RFP--Alliant and a third firm submitted baseline proposals, while KDI
submitted both a baseline and an alternate baseline proposal. All
offerors were included in the competitive range and, after discussions,
were requested to submit final proposal revisions.
Alliant's and KDI's final baseline proposals received the highest
technical and overall ratings. While the evaluated price ($[DELETED]) of
KDI's final baseline proposal was lower than Alliant's ($[DELETED]), the
source selection authority (SSA) noted that Alliant's proposal was
superior under the collectively more important non-price factors. In this
regard, Alliant was the incumbent contractor, and its proposal was rated
exceptional/high confidence in past performance, while KDI's was rated
only very good/significant confidence.
Full decision text continues on ProtestIntel...