B-298099.3, Overlook Systems Technologies, Inc.--Costs, October 5, 2006

Case: B-298099.3 Agency: Protester: B Date: 2006-10-05 Dismissed
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B-298099.3 Oct 05, 2006 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Overlook Systems Technologies, Inc. requests that we recommend that it be reimbursed the costs of filing and pursuing its protest challenging the award of a contract to LinQuest Corporation under request for proposals (RFP) No. FA2550-05-R-2000, issued by the Department of the Air Force for services in support of the operation of the Global Positioning System (GPS) Operations Center (GPSOC) located at the 2nd Space Operations Squadron at Schriever Air Force Base, Colorado. We dismissed the protest as academic on June 13, 2006 based on the Air Force's statement that it would evaluate an organizational conflict of interest (OCI) allegation raised by Overlook in its protest. We deny the request. View Decision B-298099.3, Overlook Systems Technologies, Inc.--Costs, October 5, 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: Overlook Systems Technologies, Inc.--Costs File: B-298099.3 Date: October 5, 2006 Drew A. Harker, Esq., Matthew H. Solomson, Esq., and Chad E. Miller, Esq., Arnold & Porter LLP, for the protester. Michael J. O'Farrell, Jr., Esq., Department of the Air Force, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not entitled to reimbursement of the costs of filing and pursuing its protests where the agency decides to take corrective action in response to the protests, and the protests, which concerned alleged organizational conflicts of interest, the agency's evaluation of proposals, and its best value decision, were not clearly meritorious. DECISION Overlook Systems Technologies, Inc. requests that we recommend that it be reimbursed the costs of filing and pursuing its protest challenging the award of a contract to LinQuest Corporation under request for proposals (RFP) No. FA2550'05'R-2000, issued by the Department of the Air Force for services in support of the operation of the Global Positioning System (GPS) Operations Center (GPSOC) located at the 2nd Space Operations Squadron at Schriever Air Force Base, Colorado. We dismissed the protest as academic on June 13, 2006 based on the Air Force's statement that it would evaluate an organizational conflict of interest (OCI) allegation raised by Overlook in its protest. We deny the request.[1] The RFP, issued on December 22, 2005 as a small business set-aside, contemplated the award of a fixed-price incentive fee contract for a base period of 6 months and four 1-year option periods for services in support of the GPSOC, which has the mission of operating, maintaining, and employing GPS, –the world's premier satellite'based Position, Velocity, and Timing (PVT) information system,— –in support of military, civil, and allied operations across the full spectrum of conflict.— RFP, Statement of Work, at 3. In support of the GPSOC, the contractor is to provide sufficient personnel to operate the GPSOC on a 24-hour, 7-day-a-week basis –to ensure optimal data, products and services support to GPS users.— Id. Award was to be made on a best value basis, with proposals evaluated under the following three factors: (1) technical acceptability; (2) past performance; and (3) price. Technical acceptability was to be evaluated solely on a pass/fail basis. Only those offerors whose proposals were found technically acceptable were evaluated under the past performance factor, which was considered significantly more important than cost or price. RFP at 53. Regarding the evaluation of past performance, the RFP explained that the Air Force would consider –recent and relevant— past performance information, including customer past performance questionnaires, contractor assessment surveys, Contract Performance Assessment Reporting System (CPARS) records, and –any other information available.— RFP at 53. The RFP defined –recent— contracts as those completed within the last 3 years and –relevant— contracts as those calling for –performance of efforts involving mission analysis of the GPS constellation or relevant system that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation.— RFP at 54.

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