Wahkontah Services, Inc., B-292768, November 18, 2003

B-292768 Nov 18, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Protest challenging contracting agency's evaluation of protester's proposal and exclusion of proposal from competitive range is denied where agency's evaluation and competitive range determination were reasonable and in accordance with the solicitation evaluation criteria. Wahkontah contends that the evaluation of its proposal and the determination to exclude its proposal from the competitive range on the basis of technical noncompliance were unreasonable. Are a means by which the Army and other United States military services provide training to short range air defense units in countering airborne threats at a reasonable cost. The requirements here were significantly expanded beyond those of previous procurements. View Decision Wahkontah Services, Inc., B-292768, November 18, 2003 DIGEST Attorneys DECISION Wahkontah Services, Inc. protests the exclusion of its proposal from the competitive range, and the subsequent award of a contract to Griffon Aerospace, Inc., under request for proposals (RFP) No. DAAH01-02-R-0158, issued by the Army Aviation and Missile Command, Department of the Army, for the acquisition of an aerial remotely piloted vehicle target (RPVT) system and services. Wahkontah contends that the evaluation of its proposal and the determination to exclude its proposal from the competitive range on the basis of technical noncompliance were unreasonable. We deny the protest. Background RPVTs, essentially radio-controlled, sub-scale aerial targets, are a means by which the Army and other United States military services provide training to short range air defense units in countering airborne threats at a reasonable cost; specifically, RPVTs permit live fire engagements by forces equipped with various missile and gun weapons systems. Statement of Work (SOW) Sec. 1.1. While the Army has procured sub-scale aerial targets for many years, the requirements here were significantly expanded beyond those of previous procurements, including newly defined performance parameters that necessitated the redesign of the RPVT target aircraft. Contracting Officer's Statement at 2. In addition to RPVT design, production and testing, the statement of work here also required the successful offeror to provide various operational support services (e.g., flight operations, maintenance services, and equipment security) for the RPVT system. The RFP, issued on October 31, 2002, contemplated the award of a fixed-price contract (with some cost reimbursement items) for a base year with four 1-year options. The solicitation identified the following evaluation factors and subfactors: 1. Technical A. Design Approach B. Production Approach C. Engineering Services D. Resources, Personnel Skills and Staffing 2. Operational A. Operational Approach B. Equipment Resourcing C. Surge (Premium Hour) Operations D. Resources, Personnel Skills and Staffing 3. Management A. Organization B. Resources C. Personnel 4. Past Performance 5. Price The RFP established that the technical, operational, past performance, and price factors were of equal importance, and that the management factor was significantly less important than the other factors. /1/ The solicitation also specified that, "[i]nherent in the government's evaluation will be a consideration of potential risks, i.e., the risk of delivering technically acceptable equipment, meeting operation requirements, and satisfying other contractual requirements given the proposed approach. . . . Each [factor] shall incorporate consideration of risk in the evaluation." RFP Sec. M-2.b. The RFP informed offerors that "[p]roposals must address how the required effort will be performed and provide sufficient detail in each section to substantiate compliance with the requirements of the RFP and its attachments"; additionally, "[o]fferors are cautioned that parroting of the technical, operational, and management requirements with a statement of intent to perform or statement of compliance only (i.e., will comply) does not reveal an understanding of the requirements and will n ot be acceptable." RFP Sec. L.2.1. Award was to be made to the responsible offeror whose proposal was determined to be most advantageous, or "best value," to the government, all factors considered. RFP Sec. M-2.a. Four offerors, including Wahkontah, submitted proposals by the March 5, 2003 closing date. An Army technical evaluation team (TET) evaluated offerors' proposals under the technical, operational and management factors using an adjectival rating system: outstanding/very low risk, highly satisfactory/low risk, satisfactory/acceptable risk, marginal/acceptable with some risk, and unacceptable/ unacceptable risk.