B-296783; B-296783.3, ITT Federal Services International Corporation, October 11, 2005
Case: B-296783
Agency:
Protester: B
Date: 2005-10-11
Sustained
B-296783; B-296783.3, ITT Federal Services International Corporation, October 11, 2005
TITLE: B-296783; B-296783.3, ITT Federal Services International Corporation, October 11, 2005
BNUMBER: B-296783; B-296783.3
DATE: October 11, 2005
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B-296783; B-296783.3, ITT Federal Services International Corporation, October 11, 2005
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: ITT Federal Services International Corporation
File: B-296783; B-296783.3
Date: October 11, 2005
Kevin P. Connelly, Esq., Joseph J. Dyer, Esq., Grace Bateman, Esq.,
Alexander X. Jackins, Esq., Z. Taylor Schultz, Esq., Amanda B. Weiner,
Esq., and Jamison L. Weinbaum, Esq., Seyfarth Shaw LLP, for the protester.
Karen L. Manos, Esq., John F. Stanton, Esq., and R. William Sigler, Esq.,
Howrey LLP, for Kellogg, Brown & Root Services, Inc., an intervenor.
Nancy J. Williams, Esq., Robert J. McKenney, Esq., Song U. Kim, Esq., and
Richard C. Bennett, Esq., U.S. Army Corps of Engineers, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging agency's evaluation of proposals is sustained where
record shows that (1) agency improperly failed to consider a staffing
understatement in awardee's proposal that could have had a material effect
on the agency's technical and price/cost evaluation conclusions, and (2)
agency's staffing estimates for various program requirements lacked a
reasonable basis.
DECISION
ITT Federal Services International Corporation protests the award of a
contract to Kellogg, Brown & Root Services, Inc. (KBR) under request for
proposals (RFP) No. DACA78-03-R-0033, issued by the U.S. Army Corps of
Engineers to acquire logistics support services throughout the Army's
European theater of operations. ITT maintains that the agency misevaluated
proposals.
We sustain the protest.
BACKGROUND
The RFP contemplated the award of a combination firm fixed-price (FFP),
cost-plus-award-fee (CPAF), indefinite-delivery, indefinite-quantity
contract to meet a wide range of logistics support requirements for the
Army in its European theater of operations for a base period and 4 option
periods. The total period of performance is 58 months, and the maximum
dollar value of the contract is approximately $1.2 billion. The RFP was
divided among nine contract line items (CLINS) for each performance
period. Four of the CLINS were for specific geographic areas to be
supported (CLIN 0002 was for Bosnia, CLIN 0003 for Kosovo, CLIN 0004 for
Hungary, and CLIN 0005 for Macedonia), and the remaining five CLINS were
for theater-wide requirements such as facilities and equipment. Each CLIN
was further divided into numerous sub-line items (SCLIN) that were for
particular services to be provided. For purposes of preparing price/cost
proposals, offerors were to provide lump-sum pricing for the FFP SCLINS;
those lump-sum prices were to be based on historical workload and the
performance work statement (PWS), both included in the RFP. As for the
CPAF SCLINS, offerors were instructed to provide pricing either on the
basis of labor hour estimates included in the RFP (although the labor
hours were specified, offerors were required to provide their own labor
mix) or, where no labor hours were specified, to provide both staffing and
cost information.[1] RFP, sect. B.
Award was to be made to the firm submitting the proposal deemed to offer
the "best overall value" to the government, considering price/cost and two
broad non-price/cost considerations--business/management/technical
approach and past performance. The RFP advised that the price/cost and
business/management/technical approach factors were equal in importance,
and that each was significantly more important than past performance, and
further, that the past performance and business/management/technical
approach factors together were more important than price/cost.
Full decision text continues on ProtestIntel...