SDS International, Inc., B-291183; B-291183.2, December 2, 2002
Case: B-291183
Agency:
Protester: SDS International, Inc., B
Date: 2002-12-02
Sustained
SDS International, Inc., B-291183; B-291183.2, December 2, 2002
TITLE: SDS International, Inc., B-291183; B-291183.2, December 2, 2002
BNUMBER: B-291183; B-291183.2
DATE: December 2, 2002
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SDS International, Inc., B-291183; B-291183.2, December 2, 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: SDS International, Inc.
File: B-291183; B-291183.2
Date: December 2, 2002
Barbara S. Kinosky, Esq., and James S. Phillips, Esq., The Centre Law
Group,
for the protester.
Michael A. Gordon, Esq., Holmes, Schwartz & Gordon, for CBD Training,
Inc.,
an intervenor.
John D. Inazu, Esq., Department of the Air Force, for the agency.
Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Selection of higher-priced, higher-rated proposal, instead of
lower‑priced, lower‑rated one, was unreasonable where it was
based in material part on an unsupported reported strength in the
awardee's proposal.
DECISION
SDS International, Inc. protests the award of a contract to CBD Training,
Inc. under request for proposals (RFP) No. F44650-02-R-0009, issued by the
Department of the Air Force, Air Combat Command Contracting Squadron,
Langley Air Force Base Virginia, for aircrew training and courseware
development.
We sustain the protests.
The RFP, issued April 3, 2002 as a small business set-aside, was for
aircrew training and courseware development at the 57th Wing United States
Air Force Weapons School (USAFWS), Nellis Air Force Base, Nevada, under a
fixed-price contract for a 30-day phase-in period and a base year with 4
option years. In addition to the training and courseware development
requirements, the statement of work (SOW) required the contractor to
maintain the USAFWS's academic database and make it accessible from the
Internet. The SOW explained that *[t]he database shall provide an
[I]nternet[-]based Learning Management System (LMS)/Courseware Management
System [(CMS)] that identifies and tracks student deficiencies, provides
graduate critiques, and service as a 'one stop shopping' site for all
instructor and student academic/courseware needs.* The SOW further stated
that *all unclassified material shall be accessible from the weapons
school unclassified LAN [local area network], while all classified and
unclassified material shall be located on a classified server that can be
accessed via a SIPRNET (Secret Internet Protocol Router Network) web page
with password controls,* and required the task be accomplished *with no
additional workload* on the USAFWS LAN and staff. See RFP, SOW P:P:
1.7.7, 1.7.7.1, 1.7.7.2.
The RFP provided for award on a *best value* basis considering as
evaluation factors past performance, mission capability, risk, and
price. Past performance and mission capability were of equal importance
in the evaluation scheme, followed by risk, with price being of least
importance. RFP at 45. Under the mission capability factor, the RFP
listed three subfactors in descending order of importance: (1) training
and workload management, (2) courseware development (CWD) approach and
instructional systems development (ISD) management plan, and (3)
phase-in.
RFP at 48.
The RFP stated *[p]ast performance shall be evaluated as a measure of the
Government's confidence in the offeror's ability to successfully perform
based on previous and current contract efforts,* and *will be evaluated by
examining four (4) references determined by the Government to be the most
recent and relevant in relation to this requirement,* although *more or
less may be evaluated as appropriate.*[1] The RFP further explained that
for this purpose *[r]ecency . . . is defined as performance occurring in
the last five (5) years*; that *[r]elevancy . . . is defined as courseware
development and aircrew training related to Factor 2, Mission Capability,
experiences, especially those provided to the military at multiple
locations*; and that *[e]xperience with training contracts, which utilize
the Air Force's model of [ISD] . . .will also be viewed favorably.*
Completed Contractor Performance Assessment Reports (CPAR) were said to be
the primary source for evaluating past performance. RFP at 40, 46.
The Air Force received four proposals, including SDS's and CBD's, by the
May 23 closing date.
Full decision text continues on ProtestIntel...