Kay & Associates, Inc., B-291269, December 11, 2002
Case: B-291269
Agency:
Protester: Kay & Associates, Inc., B
Date: 2002-12-11
Denied
B-291269
Dec 11, 2002
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Highlights
Agency reasonably concluded that awardee's higher past performance rating was more valuable to the government than protester's somewhat lower price. Proposals were submitted by nine offerors. Among other things: The trade-off decision recommendation is between Doss . . . and Kay. . . . Their past performance/performance risk references indicate Doss' ability to form cohesive teams that will reduce the likelihood of problems in hiring. Their offer is the best value to the Government despite the [deleted] percent price difference[/5/]. . . . . . The [deleted] percent difference in price is well worth the additional price of Doss' proposal because their higher past performance rating increases the likelihood of successful performance.
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Kay & Associates, Inc., B-291269, December 11, 2002 * REDACTED DECISION
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DECISION
Kay and Associates, Inc. (KAI) protests the Department of the Air Force's award of a contract to Doss Aviation, Inc. under request for proposals (RFP) No. F05604-01-R-9004 to provide helicopter maintenance services at various Air Force bases. KAI protests that the agency improperly evaluated Doss's and KAI's past performance, and failed to perform a reasonable tradeoff between price and past performance.
We deny the protest.
BACKGROUND
On March 6, 2002, the agency issued solicitation No. F05604-01-R-9004 seeking proposals to perform helicopter maintenance on UH-1N helicopters at five Air Force bases in the United States and Japan. /1/ The solicitation contemplated award of a fixed-price contract for a 1-year base period and six 1-year option periods. The solicitation required each offeror to submit a price proposal, technical proposal, and past performance information, /2/ provided that technical proposals would be evaluated only on a pass/fail basis, and advised offerors that, with regard to technically acceptable proposals, award selection would be based on a tradeoff between price and past performance. Agency Report, Tab 8, RFP at 125.
Regarding evaluation of past performance, the solicitation provided that the agency would assign "confidence assessment ratings" pursuant to the provisions of Air Force Federal Acquisition Regulation Supplement (AFFARS) Sec. 5315.305(a)(2), /3/ and stated that the ratings assigned would reflect consideration of the offerors' past performance in the following six areas: maintenance of similar types of aircraft; maintenance and management support for missions demanding quick turnaround with short notice; maintenance and management support at multiple sites, in varying climates, with substantial workload fluctuations; employee hiring, training and retention; participation of small disadvantaged business concerns; and corrective actions taken from past experience. RFP at 126.
On or before the April 12, 2002 closing date, proposals were submitted by nine offerors. In evaluating past performance, the agency reviewed the completed questionnaires, considered information contained in the performance assessment reporting system (CPARS), and conducted telephone interviews with government personnel who had oversight of the various contracts identified by the offerors. Agency Report, Tab 14, Proposal Analysis Report, at 4. Ultimately, the agency sought final proposal revisions (FPRs) from four offerors, including KAI and Doss. /4/ The agency's final evaluation resulted in the following assessments:
EVALUATION KAI DOSS FACTOR
Technical Pass Pass
Past Performance [deleted] [deleted]
Price [deleted] [deleted]
Upon completion of the final proposal evaluation, the source selection evaluation team (SSET) chair prepared a report for the source selection authority (SSA) which stated, among other things:
The trade-off decision recommendation is between Doss . . . and Kay. . . . Doss' past performance references indicate proactive and innovative contract performance with a stronger ability to handle fluctuating workloads at multiple sites. Their past performance/performance risk references indicate Doss' ability to form cohesive teams that will reduce the likelihood of problems in hiring, training, and retaining skilled helicopter maintenance personnel at multiple sites including sites at overseas locations. Agency Report, Tab 14, Proposal Analysis Report, at 19.
Thereafter, the SSA determined that Doss's proposal represented the best value to the government, specifically concluding:
Due to Doss Aviation's higher past performance rating and their lower risk of contract non-performance, their offer is the best value to the Government despite the [deleted] percent price difference[/5/]. . . . . . The [deleted] percent difference in price is well worth the additional price of Doss' proposal because their higher past performance rating increases the likelihood of successful performance, reducing the labor load of Government oversight on a daily basis.
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