MacAulay-Brown, Inc., B-292515; B-292515.2, September 30, 2003
Case: B-292515
Agency:
Protester: MacAulay
Date: 2003-09-30
Denied
MacAulay-Brown, Inc., B-292515; B-292515.2, September 30, 2003
TITLE: MacAulay-Brown, Inc., B-292515; B-292515.2, September 30, 2003
BNUMBER: B-292515; B-292515.2
DATE: September 30, 2003
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MacAulay-Brown, Inc., B-292515; B-292515.2, September 30, 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: MacAulay-Brown, Inc.
File: B-292515; B-292515.2
Date: September 30, 2003
Kevin P. Connelly, Esq., Joseph J. Dyer, Esq., and Z. Taylor Shultz, Esq.,
Seyfarth Shaw, for the protester.
G. Lindsay Simmons, Esq., Thad S. Huffman, Esq., Wm. David Byassee, Esq.,
and J. Eric Whytsell, Esq., Jackson Kelly, for Applied Research
Associates, Inc., an intervenor.
Clarence D. Long, III, Esq., and LTC Carol L. Hubbard, Department of the
Air Force, for the agency.
Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Where protester*s primary proposal was to hire incumbent staff, and it
proposed higher salary rates but lower total compensation than the
incumbent contractor, agency reasonably evaluated proposal as posing
moderate risk based on potential inability to hire significant portion of
incumbent workforce.
2. Agency satisfied requirement to conduct meaningful discussions by
communicating evaluators* concerns with the protester*s ability to
recruit/retain the incumbent workforce, thus leading the protester into
the area of its proposal needing improvement.
3. Agency*s failure to adjust awardee*s evaluated most probable cost
upward to reflect awardee*s proposed lowering of current salary rates and
proposed low escalation rate was reasonable where agency fully considered
these features of awardee*s cost proposal and concluded that they were
achievable and represented reasonable exercise of management control given
current employment market conditions.
4. Cost/technical tradeoff was reasonable where source selection
authority considered technical distinctions between competing proposals
and specifically determined that higher technically rated proposal
represented best value despite higher cost.
DECISION
MacAulay-Brown, Inc. (MacB) protests the award of a contract to Applied
Research Associates, Inc. (ARA) under request for proposals (RFP) No.
F08637-02-R-6001, issued by the Department of the Air Force for scientific
engineering and manpower services (SEAMAS). MacB challenges the technical
evaluation, the cost analysis, and the best value award determination.
We deny the protest.
BACKGROUND
The RFP sought proposals to provide SEAMAS support to assist the Air Force
Research Laboratory, Air Expeditionary Forces Technologies Division (AFRL)
in the execution of AFRL*s assigned mission as the Air Force*s lead agency
for research and development (R&D) in the areas of deployed base systems,
force protection, and weapon systems logistics. The scope of the work
includes all aspects of planning, construction, instrumentation, testing,
and conducting, managing, briefing, and reporting of R&D activities within
the Expeditionary Forces Technology Division. Offerors were expected to
propose all necessary personnel--physicists, engineers, chemists,
technicians, financial and other managerial personnel, and robotics
experts--to perform the required activities. The RFP contemplated the
award of a cost-plus-award-fee contract for a base year, with 5 option
years.
Proposals were to be evaluated under four factors: mission capability,
proposal risk, past performance, and cost, with the non-cost factors of
equal importance and, combined, of more importance than cost. The mission
capability factor was further divided into the following subfactors (and
sub-subfactors): technical performance (personnel plan; subcontracting
plan; and safety plan) and program management (field director; overhead
staff; processes for planning, documentation, and analysis of R&D tasks;
and cost control). Proposals were to be rated under the technical factors
as blue/exceptional, green/acceptable, yellow/marginal, or
red/unacceptable. Proposal risk was to be evaluated as high, moderate, or
low. Past performance was to be rated as exceptional, very good,
satisfactory, neutral, and marginal. Cost was to be evaluated on the
basis of reasonableness, realism, and most probable cost (MPC) based on
the realism analysis. Award was to be made on a *best value* basis.
Three proposals, including those of MacB and ARA, were received and
evaluated by the source selection team (SST).
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