B-297910.2; B-297910.3, Foresight Science & Technology, Inc., November 30, 2006
Case: B-297910.2
Agency:
Protester: B
Date: 2006-11-30
Denied
B-297910.2; B-297910.3, Foresight Science & Technology, Inc., November 30, 2006
TITLE: B-297910.2; B-297910.3, Foresight Science & Technology, Inc., November 30, 2006
BNUMBER: B-297910.2; B-297910.3
DATE: November 30, 2006
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B-297910.2; B-297910.3, Foresight Science & Technology, Inc., November 30, 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: Foresight Science & Technology, Inc.
File: B-297910.2; B-297910.3
Date: November 30, 2006
William W. Goodrich, Jr., Esq. and Zachary J. Stewart, Esq., Arent Fox
PLLC, for the protester.
David P. Metzger, Esq. and Michele Mintz Brown, Esq., Holland & Knight
LLP, for Dawnbreaker, an intervenor.
Sandra M. Wozniak, Esq., National Science Foundation, 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 challenging evaluation of proposals and source selection decision
is denied where record shows the evaluation was reasonable and consistent
with the solicitation.
DECISION
Foresight Science & Technology, Inc. protests the selection of Dawnbreaker
and Development Capital Networks LLC (DCN) as the successful vendors under
request for quotations (RFQ) No. DCCA-06-0006, issued by the National
Science Foundation (NSF) for technical assistance in commercialization
planning for Small Business Innovation Research (SBIR) and Small Business
Technology Transfer (STTR) phase I awardees.[1] Foresight, an incumbent
contractor for these services, challenges the reasonableness of the
evaluation of quotations and the agency's source selection decision.[2]
The RFQ contemplated the issuance of one or more fixed-price delivery
orders for a 1-year base period and two 1-year option periods, to the
firm(s) submitting the quotation(s) providing the best value to the
government considering technical, past performance, and price factors. RFQ
amend. 2, at 9. The technical factor was the most important, and the
technical and past performance factors combined were significantly more
important than price. Id. The technical factor was composed of two
subfactors, understanding of the statement of work/technical approach
(worth 85 points) and personnel (worth 15 points). The understanding of
the statement of work/technical approach subfactor was further divided
into the following six criteria: (1) training small companies in
commercialization planning; (2) understanding of technology transfer and
successful commercialization in small businesses; (3) documented
assistance process meeting phase II proposal submission deadlines; (4)
quality and availability of mentors (with a breadth of technological
expertise, expertise to assist with required financial analysis and
identifying financing opportunities, market research expertise, and
experience in developing intellectual property strategies in small
businesses); (5) capability to staff requirements by labor category within
the maximum $4,000 per grantee fee, with an understanding of the needs and
assessment of phase I grantees; and (6) documented performance in
obtaining third-party funding for small businesses. Id. at 7-8. Vendors
were advised that, while a phase I awardee's commercialization plan would
be critical to its phase II funding application, since most applicants do
not receive phase II awards due to budget limitations, "[i]t is essential
that training in the commercialization planning process be provided as
part of the technical assistance in order for unsuccessful companies [to]
have a planning platform for future endeavors." RFQ attach.1, at 1.[3]
Past performance was to be evaluated for relevance to the current
requirements. Id. at 8. For the evaluation of price, vendors were to
provide labor rates, direct costs such as travel, applicable general and
administrative rates, and any discounts. Id. Since maximum compensation
was capped at $4,000 per phase I awardee, quotations were to show the
firms' cost buildup within that budget. Id. at 9. The RFQ provided that
pricing for the fixed-price effort would not be weighted or point scored,
but that "resource realism and consistency to the proposed technical
approach will be considered." Id.
Four quotations were received and evaluated. All four vendors' quotations
were rated excellent for past performance; each of the vendors proposed to
perform the work at the $4,000 per client maximum.
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