B-298411; B-298411.2, Advanced Systems Development, Inc., September 19, 2006
Case: B-298411
Agency:
Protester: B
Date: 2006-09-19
Sustained
B-298411; B-298411.2, Advanced Systems Development, Inc., September 19, 2006
TITLE: B-298411; B-298411.2, Advanced Systems Development, Inc., September 19, 2006
BNUMBER: B-298411; B-298411.2
DATE: September 19, 2006
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B-298411; B-298411.2, Advanced Systems Development, Inc., September 19, 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: Advanced Systems Development, Inc.
File: B-298411; B-298411.2
Date: September 19, 2006
Paul E. Pompeo, Esq., Kara L. Daniels, Esq., and David J. Craig, Esq.,
Holland & Knight LLP, for the protester.
William L. Walsh, Jr., Esq., J. Scott Hommer, III, Esq., Peter A. Riesen,
Esq., and Keir X. Bancroft, Esq., Venable LLP, for KENROB Information
Technology Solutions, Inc., an intervenor.
Andrew Blumenfeld, Esq., and Andy Bramnick, Esq., Washington Headquarters
Services, Department of Defense, for the agency.
Ralph O. White, Esq., and Christine S. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protester's contention that the agency conducted flawed discussions
regarding price is sustained where (1) the agency corrected an error in
the awardee's pricing; (2) the agency concluded that the awardee's price,
as corrected, violated the solicitation's price target; (3) the agency
advised the awardee in discussions that its price violated the
solicitation's price target, though it did not, but never disclosed the
upward adjustment it had made to correct the pricing error; (4) the
awardee lowered its price in its final proposal, but repeated the pricing
error it had made before; and (5) the agency selected that offeror for
award after concluding that its significant price advantage offered the
best value to the government. Thus, the record, as a whole, shows that the
flawed discussions led the awardee to significantly lower its price, and
the selection decision turned on the price differential between awardee
and the protester.
2. Protester's contention that the agency failed to evaluate price
proposals for completeness is sustained where the record shows that: (1)
the solicitation expressly advised that price proposals would be assessed
for completeness, including an assessment of the traceability of price
estimates, and required that offerors submit detailed pricing data showing
the traceability of those estimates in a work breakdown structure; (2) the
agency never performed the completeness review; and (3) it is reasonable
to conclude that, had it not been compelled to structure its proposal to
comply with this solicitation requirement, the protester could have
employed a different approach to structuring its proposal which could have
resulted in a lower price.
3. Protester's contention that the evaluation of technical proposals was
unreasonable is sustained where the record shows that the evaluation
deviated from the stated evaluation criteria under one of the technical
subfactors.
DECISION
Advanced Systems Development, Inc. (ASD) protests the award of a contract
to KENROB Information Technology Solutions, Inc. by Washington
Headquarters Services, Department of Defense (DOD), pursuant to request
for proposals (RFP) No. HQ0034-06-R-1012, seeking information technology
(IT) services, including hardware and software. ASD argues that the award
to KENROB was improper because the agency conducted flawed discussions
regarding price and performed an unreasonable price and technical
evaluation.
We sustain the protest.
BACKGROUND
Washington Headquarters Services is a field activity of the Department of
Defense comprised of 11 directorates which provide support to the
Secretary of Defense and other DOD activities. These activities are spread
across the 280-acre Pentagon Reservation, as well as scattered throughout
15 leased office buildings in Arlington, Alexandria, and Vienna, Virginia.
Desktop IT support for these organizations and locations is currently
provided under six separate support contracts held by five different IT
support contractors. In addition, WHS currently operates five different IT
help desks and four separate e-mail systems. Contracting Officer's (CO)
Statement at 1-3.
On March 9, 2006, WHS issued the solicitation here to consolidate these IT
support services into a single, more efficient contract, and set aside the
procurement for small businesses. The RFP anticipated the award of a
performance-based services contract for a base period (of approximately 8
months) followed by three 1-year options.
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