Sabreliner Corporation, B-290515.4, November 20, 2002
Case: B-290515.4
Agency:
Protester: Sabreliner Corporation, B
Date: 2002-11-20
Denied
B-290515.4
Nov 20, 2002
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Highlights
DIGEST Protester was not prejudiced by agency's allegedly defective evaluation of awardee's proposal under transition plan technical evaluation subfactor. Where the record does not evidence that the protester would have had a reasonable possibility for award. That the technical evaluation factor was comprised of the following four subfactors: transition. The RFP also stated that "[a]n unacceptable subfactor assessment will result in an overall technical unacceptable rating.". The RFP added that this transition phase was "not to exceed 24 months.". Offerors were advised elsewhere that they were "allowed to transition prior to the 24-month deadline.". Was the subject of a number of clarifications issued by the agency during the solicitation process.
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Sabreliner Corporation, B-290515.4, November 20, 2002 * REDACTED DECISION
DIGEST
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DECISION
Sabreliner Corporation protests the award of a contract to Canadian Commercial Corporation/Orenda Aerospace Corporation under request for proposals (RFP) No. F34601-02-R-53859, issued by the Department of the Air Force, for the repair and overhaul of J-85 engines and their components. /1/
We deny the protest.
The RFP provided for the award of a fixed-price, indefinite-quantity contract for a base period of 3 years with four 1-year options. The RFP stated that award would be made to the offeror whose proposal represented the best value to the government, based upon the following evaluation factors: technical, past performance, and price. The RFP provided that technical proposals would be evaluated only for technical acceptability, and that the technical evaluation factor was comprised of the following four subfactors: transition, management, personnel, and participation of small disadvantaged business. The RFP also stated that "[a]n unacceptable subfactor assessment will result in an overall technical unacceptable rating." RFP Sec. M-002(g). The RFP added that, in selecting a proposal for award, "[t]radeoffs [would] only be made . . . between past performance and price," with past performance being considered significantly more important than price. RFP Sec. M-002(b).
With regard to the transition subfactor to the technical evaluation factor, the RFP requested that proposals include "a comprehensive plan" detailing how the contractor proposed to meet the requirement that within the first 24 months of contract performance, the successful contractor "transition from GFM [government furnished materials] to CFM [contractor furnished materials]." RFP Sec. M-002. The RFP added that this transition phase was "not to exceed 24 months." RFP, app. A, Technical Requirements Document (TRD) Sec. 3.1.1. Offerors were advised elsewhere that they were "allowed to transition prior to the 24-month deadline." Intervenor's Submission (May 30, 2002), exh. 3, Agency Clarifications to RFP (Feb. 5, 2002), response 3.
The transition from performing the contract using GFM to performing the contract using CFM had been emphasized by the agency during an industry day/ pre-solicitation conference, and was the subject of a number of clarifications issued by the agency during the solicitation process. For example, during the industry day the agency stressed that it was "looking for ideas from industry on the most effective way to accomplish this transition." AR (June 20, 2002), Tab 4, Industry Day Briefings (Nov. 15-16, 2001). The agency explains that once the transition is completed, certain delays associated with the supply and use of GFM will be avoided. Hearing Transcript (Tr.) at 31.
The agency received proposals from only Sabreliner (the incumbent contractor) and Orenda by the solicitation's closing date. The proposals were evaluated, and the agency provided each offeror with written discussions by way of issuance of evaluation notices (EN). AR (June 20, 2002), Tab 11, ENs. The offerors' responses to the ENs were received and evaluated, and final revised proposals (FRP) were requested and received.
Sabreliner's and Orenda's proposals were both evaluated as "acceptable" under each of the four technical evaluation subfactors, and both received "very good/significant confidence" ratings under the past performance factor. AR (June 20, 2002), Tab 11, Source Selection Decision, at 2-4. Sabreliner's total evaluated price for the base and the four option periods totaled $166,434,595, while Orenda's evaluated price totaled $128,928,259. AR (June 20, 2002), Tab 11, Price Competition Memorandum. Given that the proposals received the same technical and past performance evaluation ratings, and the significantly lower price of Orenda's proposal, the agency selected Orenda's proposal for award as representing the best value to the government. AR (June 20, 2002), Tab 11, Source Selection Decision.
After requesting and receiving a debriefing, Sabreliner filed several protests with our Office.
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