B-297291; B-297291.2, Computer Cite, December 23, 2005
Case: B-297291
Agency:
Protester: B
Date: 2005-12-23
Denied
B-297291; B-297291.2, Computer Cite, December 23, 2005
TITLE: B-297291; B-297291.2, Computer Cite, December 23, 2005
BNUMBER: B-297291; B-297291.2
DATE: December 23, 2005
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B-297291; B-297291.2, Computer Cite, December 23, 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: Computer Cite
File: B-297291; B-297291.2
Date: December 23, 2005
Charles R. Marvin, Jr., Esq., and Sharon A. Jenks, Esq., Venable LLP, for
the protester.
Maj. Derek S. Sherrill, Department of the Air Force, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency unreasonably evaluated offerors' proposals submitted
in response to solicitation for telecommunications support services is
denied where the record shows that the agency's evaluation of proposals
was reasonably supported by the record.
DECISION
Computer Cite protests the award of a contract to D. S. Information
Systems Corporation (DSIS) by the Department of the Air Force under
request for proposals (RFP) No. FA5215-05-R-0010, to provide
telecommunications support services at Hickam Air Force Base (AFB) and
other government locations in Hawaii. Computer Cite challenges the
agency's evaluation and award decision, and alleges that the evaluation
was tainted by a conflict of interest that makes award to DSIS improper.
We deny the protest.
BACKGROUND
The RFP was issued as a competitive section 8(a) set-aside, seeking
proposals for a contractor to provide all personnel, supervision,
equipment, tools, and material necessary to perform installation, testing,
documentation, and maintenance and repairs. The solicitation's statement
of work (SOW) identified typical tasks or areas of work, including
consulting, engineering, diagnostics (on-site and remote), telephone and
network wiring, installation, records maintenance, and other recurring
support services. RFP, SOW, at 3. The RFP contained four contract line
item numbers (CLINs), each describing the services to be performed, along
with estimated quantities, for each performance period. RFP at 3-10.
The solicitation incorporated by reference the contract clause at Federal
Acquisition Regulation (FAR) sect. 52.222-41, "Service Contract Act (SCA)
of 1965, as Amended," and included various wage determinations for the
areas to be serviced by the contract. The solicitation also incorporated
by reference the clause at FAR sect. 52.222-42, "Statement of Equivalent
Rates for Federal Hires,"[1] and included the following information:
This Statement is for Information Only
It is not a Wage Determination
Employee Class Monetary Wage -- Fringe Benefits
TELECOMMUNICATIONS MECHANIC I WG-8 $22.27
TELECOMMUNICATIONS MECHANIC II WG-10 $25.37
RFP at 27.[2]
As amended, the solicitation contemplated award, without discussions, of a
fixed-price requirements contract (with a cost-reimbursement component) to
the firm submitting the lowest-priced, technically acceptable proposal,
for a base period with four 1-year option periods. RFP amend. 2, at 2.
Proposals were to be evaluated on the basis of two factors--technical
capability and price. The technical capability evaluation was to be on a
pass/fail basis with proposals being rated as either acceptable or
unacceptable. The first prong of the technical capability assessment
required offerors to include the following information for evaluation:
written certification from Avaya Professional Certification Program or
from accredited Information Technology Training Center that they are
qualified to perform maintenance and repair work on Avaya telephone switch
system.
RFP amend. 2, at 2. The second prong of the assessment of the
acceptability of the offeror's technical capability, and the one at issue
in this protest, stated:
The standard is met when: . . . The offeror provides a listing of similar
projects in telecommunications support services similar in volume as
Hickam AFB's workload. The listing shall include the project's total
dollar value, location, point of contact and phone number information and
work listing can be commercial or governmental.
Id.
Only those technical proposals evaluated as acceptable would then be
evaluated under the price factor.
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