B-297524; B-297524.2, NVT Technologies, Inc., February 2, 2006
Case: B-297524
Agency:
Protester: B
Date: 2006-02-02
Denied
B-297524; B-297524.2, NVT Technologies, Inc., February 2, 2006
TITLE: B-297524; B-297524.2, NVT Technologies, Inc., February 2, 2006
BNUMBER: B-297524; B-297524.2
DATE: February 2, 2006
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B-297524; B-297524.2, NVT Technologies, Inc., February 2, 2006
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: NVT Technologies, Inc.
File: B-297524; B-297524.2
Date: February 2, 2006
Jeffrey A. Lovitky, Esq., for the protester.
James J. McCullough, Esq., and Steven A. Alerding, Esq., Fried, Frank,
Harris, Shriver & Jacobson LLP, for SelectTech Services Corporation, an
intervenor.
Maj. Jeffrey Branstetter, Department of the Air Force, for the agency.
Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of agency's evaluation of past performance and source selection
decision is denied where record shows that the evaluation and award
decision were reasonable, consistent with the terms of the solicitation,
and in accordance with applicable procurement rules.
DECISION
NVT Technologies, Inc. protests the award of a contract to SelectTech
Services Corporation under request for proposals (RFP) No.
FA8601-05-R-0034, issued by the Department of the Air Force for
facility/laboratory management and equipment maintenance services at the
Air Force Research Laboratories at Wright-Patterson Air Force Base, Ohio.
NVT challenges the agency's evaluation of the proposals, primarily
contending that its past performance was unreasonably downgraded for
failure to demonstrate a greater degree of relevance to the current
requirements, and that the awardee's proposal is unacceptable for taking
exception to material terms of the solicitation.[1]
We deny the protests.
The RFP, issued on May 24, 2005, contemplates the award of a
time-and-materials, indefinite-delivery/indefinite-quantity contract for a
base year and 3 option years. RFP at 35. Offerors were advised that their
proposals were to "include sufficient detail for effective evaluation and
for substantiating the validity of stated claims," and that award would be
made to the offeror providing the agency with "the greatest confidence
that it will best meet or exceed the requirements affordably." Id. at
37, 54. The following three evaluation factors, listed in descending order
of importance, were provided: mission capability (to be evaluated for
technical acceptability only), past performance, and price. A price/past
performance tradeoff was to be conducted if the lowest-priced proposal was
not rated exceptional for past performance. Id. at 53, 55.
The RFP advised that the past performance evaluations would be based on
the offerors' proposals, past performance reference questionnaires
received, and data obtained from other sources. Offerors were to provide
descriptions of the work they performed in order for the agency to assess
the efforts' relevance to the current performance requirements; the RFP
specifically cautioned, however, that the agency would not be bound by an
offeror's opinion of the relevance of its past performance efforts. Id.
Offerors were to provide contract information and references for up to
three recent customers with relevant work of similar scope and complexity,
in sufficient detail to demonstrate the ability to perform the proposed
effort. Id. at 42, 46. Reference questionnaires were to be reviewed for
the quality of work performed; ratings of exceptional, very good,
satisfactory, marginal, and unsatisfactory were to be assigned to indicate
the overall quality of the contractor's work efforts. Separately, the
relevance of those efforts was to be assessed; ratings of highly relevant
(involving essentially the same magnitude of effort and complexity),
relevant (much of the same magnitude of effort and complexity), somewhat
relevant (some of the magnitude of effort and complexity), and not
relevant (little of the magnitude of effort and complexity) were to be
assigned. Id. at 57-58.
Full decision text continues on ProtestIntel...