B-298489.4; B-298489.5, Compunetix, Inc., January 12, 2007
Case: B-298489.4
Agency:
Protester: B
Date: 2007-01-12
Denied
B-298489.4; B-298489.5, Compunetix, Inc., January 12, 2007
TITLE: B-298489.4; B-298489.5, Compunetix, Inc., January 12, 2007
BNUMBER: B-298489.4; B-298489.5
DATE: January 12, 2007
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B-298489.4; B-298489.5, Compunetix, Inc., January 12, 2007
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: Compunetix, Inc.
File: B-298489.4; B-298489.5
Date: January 12, 2007
James K. Kearney, Esq., Holly E. Svetz, Esq., and Erin L. Roberts, Esq.,
Womble Carlyle Sandridge & Rice, for the protester.
Joseph A. Artabane, Esq., Robert F. Condon, Esq., and Maura E. Molloy,
Esq., Artabane & Belden, for Frequentis USA, Inc., an intervenor.
Jerald J. Kennemuth, Esq., Laura M. Giza, Esq., Daniel C. Hymer, Esq., and
John H. Eckhardt, Esq., National Aeronautics and Space Administration, 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
Protest that agency performed an unreasonable evaluation of proposals is
denied where the record shows that the agency's conclusions were
reasonable, and were consistent with the stated evaluation scheme and
applicable procurement statutes and regulations.
DECISION
Compunetix, Inc. protests the award of a contract to Frequentis USA, Inc.
by the National Aeronautics and Space Administration's (NASA) Goddard
Space Flight Center, pursuant to request for offers (RFO) No.
NNG05096022R, issued to procure Mission Operations Voice Enhancement
(MOVE) systems. Compunetix, whose proposal was lower rated and higher
priced than the awardee's, challenges virtually every evaluation
conclusion reached by the agency, and contends that Frequentis is not a
small business eligible for award under this small business set-aside
procurement.
We deny the protest.
BACKGROUND[1]
The solicitation here was issued on July 29, 2005, and sought offers "for
the design, acquisition, development, integration, test, delivery and
maintenance of all hardware, firmware, and software components" for the
MOVE system configurations to be delivered to each site. RFO, Cover
Letter, at 1. The Contracting Officer (CO) explains that the MOVE system
being procured will "provide real time switching, conferencing, and
monitoring of mission voice services in support of launches, simulations,
landings, spacecraft emergencies, and critical operations." CO's
Statement, Nov. 13, 2006, at 6. NASA anticipates replacing its existing
mission voice systems--which were custom-designed and are aging--with
standardized products over a 5-year period, followed by product support
and maintenance for an additional 10 years. Id. To achieve
standardization, the solicitation anticipates the use of commercial
off-the-shelf (COTS) hardware and software to the maximum extent possible,
RFO, Statement of Work (SOW), at 1-2, but also anticipates the development
of certain products to meet NASA's unique requirements. Id. at 3-8.
The RFO anticipated the award of what NASA terms "a commercial
firm-fixed-price hybrid contract with both a basic requirement and
indefinite delivery indefinite quantity" requirements, RFO at 78, for a
period of 15 years. The basic requirement is to provide voice systems to
three NASA centers: Goddard, the Marshall Space Flight Center, and the
Johnson Space Center. The RFO also includes 15 options for installing the
MOVE system at various other NASA sites, including the Jet Propulsion
Laboratory, the Mission Control Center Moscow, and Vandenberg Air Force
Base. CO's Statement, supra, at 7. The competition was limited to small
business offerors.
The RFO advised potential offerors that proposals would be evaluated under
three factors, in declining order of importance: mission suitability,
price, and past performance. RFO at 94. Although the price factor was more
important than past performance, offerors were advised that mission
suitability and past performance combined would be more important than
price. Id.
With respect to the mission suitability factor, the RFO advised that
proposals would be evaluated using a 1000-point scale, divided into four
subfactors, as follows: (1) understanding the requirements and technical
approach, 450 points; (2) management and capabilities, 200 points; (3)
technical and schedule risk, 300 points; and (4) safety and health plan,
50 points. RFO at 99. In addition, NASA anticipated assigning adjectival
ratings to the resulting point scores of: excellent, very good, good,
fair, or poor. AR, Tab 50, at 15.
Full decision text continues on ProtestIntel...