Sunbelt Design & Development, Inc., B-291490; B-291490.2, January 2, 2003
Case: B-291490
Agency:
Protester: Sunbelt Design & Development, Inc., B
Date: 2003-01-02
Denied
Sunbelt Design & Development, Inc., B-291490; B-291490.2, January 2, 2003
TITLE: Sunbelt Design & Development, Inc., B-291490; B-291490.2, January 2, 2003
BNUMBER: B-291490; B-291490.2
DATE: January 2, 2003
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Sunbelt Design & Development, Inc., B-291490; B-291490.2, January 2, 2003
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: Sunbelt Design & Development, Inc.
File: B-291490; B-291490.2
Date: January 2, 2003
Johnathan M. Bailey, Esq., Law Office of Theodore M. Bailey, for the
protester.
John D. Inazu, Esq., and Paul S. Davison, Esq., Department of the Air
Force, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of the agency's evaluation of the protester's and the awardee's
past performance is denied, where the protester does not demonstrate that
the agency's evaluation was unreasonable or inconsistent with the
solicitation evaluation criteria.
DECISION
Sunbelt Design & Development, Inc. protests the award of a contract to
Boneal, Inc. under request for proposals (RFP) No. F09603-02-R-72053,
issued by the Department of the Air Force, Warner Robins Air Logistics
Center (WRALC), for MD-1 universal towbars. Sunbelt contends that the
evaluation of past performance was inconsistent with the terms of the
solicitation and otherwise unreasonable.
We deny the protest.
The solicitation, issued June 28, 2002, contemplated the award of a
fixed-price requirements contract for a base year with 2 option years to
provide an estimated quantity of towbars to satisfy the Air Force and
Foreign Military Sales requirements. Offerors were advised that the
agency would conduct a performance/price trade-off to make an integrated
assessment for a *best value* award decision. Under this procedure, a
trade-off would be made between the offerors' present/past
performance and price, with past performance significantly more important
than price.[1] RFP at 27.
As relevant here, in the past performance information volume of its
proposal, each offeror was required to provide information for itself and
each proposed *critical* subcontractor:
for each active or completed contract (with preferably at least one year
of performance history) in the past three (3) years, that the offeror
considers relevant in demonstrating its ability to perform the proposed
effort. If the total number of such contracts exceeds four (4), the
offeror shall address its four (4) most relevant contracts.
RFP at 25. For each listed contract, the solicitation required the
offeror to send an attached past performance questionnaire to
knowledgeable sources for return to the agency for itself and each
proposed critical subcontractor. The solicitation generally indicated
that relevant present/past performance could be for any federal, state and
local governments or their agencies, and commercial customers having a
performance period completion not earlier than 3 years from the RFP
release date. In addition, the agency planned to evaluate the complexity
and magnitude of the offeror's previous and current work and its relation
to the work required for this procurement. Id.
As applicable here, the RFP evaluation criteria provided that the
following relevance criteria apply: very relevant (present/past
performance involved the magnitude of effort and complexities which was
essentially what solicitation requires); relevant (present/past
performance involved less magnitude of effort and complexities and
includes most of what solicitation requires); semi-relevant (present/past
performance involved much less magnitude of effort and complexities and
includes some of what solicitation requires); not relevant (present/past
performance did not involve any significant aspects of above). RFP at 28.
The Air Force received seven proposals by the extended closing date,
including those from Sunbelt and Boneal (because the other proposals are
not relevant to this decision, we do not address them further). The
proposals were forwarded to the appropriate evaluation teams.
Full decision text continues on ProtestIntel...