STIDD Systems, Inc., B-292075; B-292075.2, June 17, 2003
Case: B-292075
Agency:
Protester: STIDD Systems, Inc., B
Date: 2003-06-17
Denied
STIDD Systems, Inc., B-292075; B-292075.2, June 17, 2003
TITLE: STIDD Systems, Inc., B-292075; B-292075.2, June 17, 2003
BNUMBER: B-292075; B-292075.2
DATE: June 17, 2003
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STIDD Systems, Inc., B-292075; B-292075.2, June 17, 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: STIDD Systems, Inc.
File: B-292075; B-292075.2
Date: June 17, 2003
Marcus B. Slater, Jr., Esq., and Jennifer J. Zeien, Esq., Slater & Zeien,
LLP, for the protester.
Robert E. Lieblich, Esq., Katherine A. Andrias, Esq., and William A.
Longwell, Esq., Naval Sea Systems Command, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging awards under solicitation for lithium-ion batteries
for mini‑submarines (Advanced SEAL Delivery System) is denied
where: (1) based on information in proposal, agency reasonably assessed
protester's proposal as weak or deficient based on noncompliance of its
proposed system with solicitation requirements; and (2) the awardees,
unlike the protester, possessed a full range of research, development,
test and production capabilities, such that they could perform the
necessary development.
DECISION
STIDD Systems, Inc. protests the Naval Sea Systems Command's (NAVSEA)
award of contracts to Yardney Technical Products and SAFT America, Inc.,
under request for proposals (RFP) No. N00164-02-R-6914, for lithium-ion
battery cells or modules for the Advanced SEAL Delivery System (ASDS).
STIDD challenges the evaluation of technical proposals.
We deny the protest.
The solicitation contemplated a two-phase procurement, commencing with the
award of two Phase I contracts for the procurement of battery samples and
battery test data, to determine a source of lithium-ion batteries for the
ASDS to replace the current silver-zinc batteries used on the ASDS. ASDS
is a battery-powered mini‑submarine--approximately 65 feet long and
8 feet in diameter, with a dry, pressurized interior--which can be used to
transport Navy special operations forces
and for intelligence collection and reconnaissance. U.S. General
Accounting Office, Defense Acquisitions: Advanced SEAL Delivery System
Needs Increased Oversight, GAO-03-442 (Washington, D.C.: Mar. 31, 2003),
at 3. The solicitation statement of work (SOW) defined the required
battery sample as a
1/2-string subassembly (individual cells, interconnects, scanner(s),
harnesses, electronics, hardware, and battery management software) that
would be housed inside the ASDS titanium battery bottle. The
1/2‑string subassembly shall be representative of the production
deliverable to meet the requirement for a complete ship-set ASDS battery.
SOW I at P: 1.0. (Each 1/2-string assembly is contained in a single,
titanium *battery bottle*; there are 7 strings‑‑14
1/2-strings--in a complete ship-set ASDS battery.)
The RFP provided that, following the completion of Phase I, a competition
would be conducted between the two Phase I awardees, resulting in the
award of a Phase II indefinite-delivery/indefinite-quantity contract based
on the battery developed by the successful offeror under its Phase I
contract. In this regard, each offeror for Phase I was required to
include in its proposal a not-to-exceed (NTE) pricing matrix for the
batteries it would produce if selected for Phase II. The offerors were
not permitted under the solicitation to offer a Phase I price of more than
$1.5 million or a Phase II NTE price of more than $10 million per
battery. RFP Amend. 0002 at 6.
Award in Phase I was to be made to the offerors whose conforming proposals
were most advantageous to the government, as determined under a two-step
evaluation process. In step one, the agency was to evaluate whether
offerors' technical proposals addressed specified go/no go criteria--with
respect to the required minimum energy (1,200 kilowatt-hours (kWh)), size,
cycle life, and discharge current of the battery--*in sufficient detail to
clearly show that its proposal meets these minimum requirements*; if it
were determined that any proposal failed to meet any of the go/no go
criteria, evaluation of that proposal would immediately stop and the
proposal would no longer be considered. RFP at 41.
Full decision text continues on ProtestIntel...