B-298582.2; B-298582.3, Aeronautical Instrument & Radio Company, January 10, 2007
Case: B-298582.2
Agency:
Protester: B
Date: 2007-01-10
Denied
B-298582.2; B-298582.3, Aeronautical Instrument & Radio Company, January 10, 2007
TITLE: B-298582.2; B-298582.3, Aeronautical Instrument & Radio Company, January 10, 2007
BNUMBER: B-298582.2; B-298582.3
DATE: January 10, 2007
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B-298582.2; B-298582.3, Aeronautical Instrument & Radio Company, January 10, 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: Aeronautical Instrument & Radio Company
File: B-298582.2; B-298582.3
Date: January 10, 2007
George N. Grammas, Esq., Robert E. Gregg, Esq., Karen R. Harbaugh, Esq.,
and Steven D. Tibbetts, Esq., Squire, Sanders & Dempsey LLP, for the
protester.
Lars E. Anderson, Esq., Peter A. Riesen, Esq., and Keir X. Bancroft, Esq.,
Venable LLP, for Tel Instrument Electronics Corporation, an intervenor.
Timothy Lasko, Esq., Naval Air Systems Command, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency improperly ignored solicitation preference for
commercial off-the-shelf (COTS) products in evaluating its and awardee's
proposals as comparable is denied where record supports agency's
determination that proposals reflect a comparable use of COTS products.
2. Protest that agency's evaluation of awardee's proposal under management
subfactor was unreasonably favorable because awardee allegedly did not
propose program manager currently working for the firm is denied where
record shows that awardee proposed one of its principal current employees
as program manager.
3. Protest that agency improperly refused to allow protester to correct
alleged mistake in its price is denied where alleged mistake related to
use of one set of indirect rates versus another, and protester provided no
documentation to support its claimed mistake.
DECISION
Aeronautical Instrument & Radio Company (AIRCO) protests the award of a
contract to Tel Instrument Electronics Corporation under request for
proposals (RFP) No. N68335-05-R-0128, issued by the Department of the Navy
to acquire a quantity of aircraft navigation test sets. AIRCO maintains
that the agency misevaluated proposals, improperly relaxed a solicitation
requirement for the awardee, and improperly failed to allow it to correct
a mistake in its price proposal.
We deny the protest.
The RFP contemplated the award of an indefinite-delivery,
indefinite-quantity, fixed-price contract for the manufacture of
intermediate level (I-level) tactical aircraft navigation (TACAN) test
sets (ITATS). Offerors were advised that the agency would evaluate
proposals on the basis of price and several non-price considerations and
make award on a "best value" basis. Specifically, the RFP advised that
proposals would be evaluated under three non-price factors--technical,
past performance and experience; that the technical factor was the most
important consideration; that the past performance and experience factors
combined were slightly less important than the technical factor; that the
past performance factor was more important than the experience factor; and
that the experience factor was slightly more important than price. Firms
were further advised that each non-price evaluation factor included
numerous subfactors. As relevant here, the subfactors under the technical
factor were technical approach (most important), logistics, and management
(equal in weight and slightly less important than technical approach).
Offerors were advised that the agency would assign adjectival ratings and
risk assessments for each technical factor/subfactor, and that past
performance and experience would be assigned risk assessment ratings.[1]
The agency received numerous proposals.
Full decision text continues on ProtestIntel...