Northrop Grumman Technical Services, Inc.; Raytheon Technical, B-291506; B-291506.2; B-291506.3; B-291506.4, January 14, 2003

Case: B-291506 Agency: Protester: Northrop Grumman Technical Services, Inc.; Raytheon Technical, B Date: 2003-01-14 Denied
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Northrop Grumman Technical Services, Inc.; Raytheon Technical, B-291506; B-291506.2; B-291506.3; B-291506.4, January 14, 2003 TITLE: Northrop Grumman Technical Services, Inc.; Raytheon Technical, B-291506; B-291506.2; B-291506.3; B-291506.4, January 14, 2003 BNUMBER: B-291506; B-291506.2; B-291506.3; B-291506.4 DATE: January 14, 2003 ********************************************************************** Northrop Grumman Technical Services, Inc.; Raytheon Technical, B-291506; B-291506.2; B-291506.3; B-291506.4, January 14, 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: Northrop Grumman Technical Services, Inc.; Raytheon Technical Services Company File: B-291506; B-291506.2; B-291506.3; B-291506.4 Date: January 14, 2003 John W. Chierichella, Esq., Richard A. Sauber, Esq., James J. McCullough, Esq., Anne B. Perry, Esq., Jonathan S. Aronie, Esq., Suzette E. Gordon, Esq., Franklin M. Rubinstein, Esq., Timothy K. Halloran, Esq., and Brittney R. Nystrom, Esq., Fried, Frank, Harris, Shriver & Jacobson, for Northrop Grumman Technical Services, Inc.; and Mark D. Colley, Esq., David P. Metzger, Esq., Paul E. Pompeo, Esq., David S. Black, Esq., Michele M. Brown, Esq., Caitlin K. Cloonan, Esq., and Stuart Turner, Esq., Holland & Knight, for Raytheon Technical Services Company, the protesters. Thomas L. McGovern, III, Esq., Michael F. Mason, Esq., Joy E. Sturm, Esq., Gary J. Campbell, Esq., and Maureen K. James, Esq., Hogan & Hartson, for Kwajalein Range Services, LLC, the intervenor. Raymond M. Saunders, Esq., Lt. Col. Daniel K. Poling, Maj. Leslie A. Nepper, Maj. Kateni T. Leakehe, Maj. Robert B. Neill, Capt. Timothy J. Ryan, and Capt. Peter G. Hartman, Department of the Army, for the agency. Sharon L. Larkin, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In a negotiated procurement contemplating award based upon a cost/technical tradeoff, protest that the agency abandoned the point-scoring feature of an evaluation tool identified in the solicitation is denied, where the point scoring feature was not required by the award evaluation scheme announced in the solicitation and the agency's use of an adjectival evaluation comported with the solicitation's *best value* scheme. 2. Protest asserting that protester's proposal was unreasonably downgraded for low proposed staffing level is denied where the agency reasonably determined, consistent with the solicitation, that the proposed staffing level, although acceptable, was low and posed performance risks. 3. Protest objecting to agency's cost evaluation and assessment of weaknesses and risk in protester's technical proposal relating to the protester's proposed personnel based upon the cost evaluation analysis of protester's labor rates is denied, where the agency's assessment was reasonably based upon information provided by protester in its proposal and during discussions, and the solicitation provided that the agency may consider the cost evaluation in the evaluation of technical proposals. 4. Protest challenging awardee's *excellent* past performance rating is denied where, in evaluating the past performance of a joint venture, the agency, consistent with the solicitation, reasonably considered the past performance of the awardee's joint venture members and major subcontractor. DECISION Northrop Grumman Technical Services, Inc. and Raytheon Technical Services Company protest the award of a contract to Kwajalein Range Services, LLC (KRS),[1] under request for proposals (RFP) No. DASG60-01-R-0002, issued by the U.S. Army Space and Missile Defense Command for the operation of the U.S. Army Kwajalein Atoll/Ronald Reagan Ballistic Missile Defense Test Site (also known as the Reagan Test Site (RTS)) in the Republic of the Marshall Islands. The protesters challenge the agency's evaluation of proposals and source selection decision. We deny the protests. BACKGROUND The RTS is located in the Kwajalein Atoll in the Marshall Islands and is approximately 2,136 nautical miles west-southwest of the Hawaiian Islands. The Kwajalein Atoll is a crescent loop of coral islands (including Kwajalein and Roi‑Namur Islands), whose attendant reef encloses the world's largest lagoon (an area of 1,100 square miles). The RTS, whose missions include missile and missile defense testing and space observation, identification, and tracking, is operated as a government-owned, contractor-operated installation, under the direction of the Army. RFP, Performance Work Statement (PWS) S: 1, P:P: 1.3, 1.4; Raytheon Hearing Exh. No.

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