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
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.
Full decision text continues on ProtestIntel...