B-296609, United Paradyne Corporation, August 19, 2005

B-296609 Aug 19, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights United Paradyne Corporation protests request for proposals (RFP) No. FA8601-05-R-0050, issued by the Department of the Air Force, which contemplates the award of a fixed-price contract for fuels management services at Wright-Patterson Air Force Base, Ohio. We deny the protest. View Decision B-296609, United Paradyne Corporation, August 19, 2005 Decision Matter of: United Paradyne Corporation File: B-296609 Date: August 19, 2005 Joseph J. Hasay for the protester. Carol A. Satterfield, Esq., Department of the Air Force, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency may properly include in a work statement for fuels management services a minimum staffing requirement that the agency has shown to be necessary, without violating Federal Acquisition Regulation sections 11.002(a)(2)(i), 37.602-1(b), which generally require that, to the maximum extent practicable, the agency's needs be described in terms of performance-based standards. DECISION United Paradyne Corporation protests request for proposals (RFP) No. FA8601-05-R-0050, issued by the Department of the Air Force, which contemplates the award of a fixed-price contract for fuels management services at Wright-Patterson Air Force Base, Ohio. We deny the protest. The work to be performed under the contract includes providing all personnel, equipment, tools, material, supervision, and other items and services necessary to perform the Fuels Management Operations as defined in the performance work statement (PWS) attached to the RFP. The PWS referenced requirements stated in a number of Air Force publications and regulations, including Air Force Instructions (AFI) 23-201, –Fuels Management.— PWS App. 2. AFI 23-201, paragraph 3.3, states the Air Force policy that at least two contractor employees must handle a refueling task. Contracting Officer's Statement at 4-5. The PWS states the following additional staffing requirements relevant to this protest: 4.4.1.1. Fuels Operations and [ResourceControlCenter (RCC)] (Building 154, Area C): 4.4.1.1.1. Fuels Operation located in Building 154, Area C, shall be operational and physically manned 24 hours per day, seven days per week, (Monday through Sunday) including federal holidays. Physical manning for each shift shall be of sufficient numbers to meet all daily workload requirements without exception. . . . Additionally, physical manning of all shifts shall be of sufficient numbers to ensure strict adherence to the two-person policy as specified in AFI 23-201, paragraph 3.3 . . . 4.4.1.1.2. RCC Control: 4.4.1.1.2.1. Responsibilities: RCC is the focal point for all fuels operations and acts as the single point of contact for the Fuels Management Branch, during other than normal duty hours. Primary communication with external organizations is by phone and emergency notification of real-world contingencies, incidents, accidents, weather warnings, etc... are received over the computer via the Automated Notification System. RCC's effectiveness is dependent on the physical presence of an individual to carry out the above duties while maintaining positive control over all fuels facilities and flightline operations. 4.4.1.1.2. Manning: Contractor shall provide sufficient manning, a minimum of one individual per shift, to ensure a continual physical presence in the RCC office 24 hours per day, seven days per week , (Monday through Sunday), including federal holidays. Furthermore, RCC controllers shall not be used to augment or supplement other fuel functions, if it would require the individual to leave the RCC office unmanned (without a physical presence). For example, the controller shall not be used as a second person to refill a fuel unit, act as a hydrant pumphouse operator, perform duties of laboratory safety person, etc... since this requires the RCC to be left unmanned (without a physical presence). The closing date for submitting initial proposals was July 5. RFP at 1. The agency issued three amendments to the RFP, the last of which extended the initial closing date to July 13. In its initial protest, filed June 13, United Paradyne argued that the PWS contained requirements contrary to the Federal Acquisition Regulation (FAR) requirements concerning statements of work for performance-based contracts. FAR sect. 11.002(a)(2)(i) provides that, to the maximum extent practicable, agencies are to state their requirements with respect to an acquisition of supplies or services in terms of functions to be performed, performance required, or essential physical characteristics. FAR sect.