B-298734; B-298734.2, Leader Communications Inc., December 7, 2006
Case: B-298734
Agency:
Protester: B
Date: 2006-12-07
Denied
B-298734; B-298734.2, Leader Communications Inc., December 7, 2006
TITLE: B-298734; B-298734.2, Leader Communications Inc., December 7, 2006
BNUMBER: B-298734; B-298734.2
DATE: December 7, 2006
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B-298734; B-298734.2, Leader Communications Inc., December 7, 2006
Decision
Matter of: Leader Communications Inc.
File: B-298734; B-298734.2
Date: December 7, 2006
Inslee T. Bennett for the protester.
Maj. Kevin J. Wilkinson, and Douglas J. Thiesen, Esq., Department of the
Air Force, for the agency.
John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency reasonably determined that the award of a contract for business
support services to a firm currently performing a contract for acquisition
support services did not create an organizational conflict of interest.
2. Agency's evaluation of the protester's proposal submitted in response
to a solicitation for business support services was reasonable where the
agency's evaluated criticisms of the protester's proposal were consistent
with terms of the solicitation and the record.
DECISION
Leader Communications Inc. (LCI) protests the award of a contract to CC&G
Company[1] under request for proposals (RFP) No. FA9451-06-R-0002, issued
by the Department of the Air Force, for business resources and support
services (BRASS) for the Air Force Research Laboratory (AFRL), Kirtland
Air Force Base (AFB), New Mexico.
We deny the protest.
The RFP, issued as a competitive set-aside under section 8(a) of the Small
Business Act, provided for the award of a 5-year
indefinite-delivery/indefinite-quantity contract that provides for the
issuance of cost-plus-fixed-fee task orders. RFP sections B039, B051. The
contractor will be required to provide all personnel, services, and other
items necessary to perform business reporting, analyses, and management
administration support functions in support of the Directed Energy and
Space Vehicle Directorates at AFRL.[2]
The RFP listed the following evaluation factors to determine the
best-value proposal: past performance, mission capability, price/cost, and
proposal risk. The past performance and mission capability factors were
said to be equal in importance and significantly more important than the
price/cost and the proposal risk factors. The mission capability factor
was comprised of two equally weighted subfactors: personnel
qualifications/corporate experience and management. RFP sect. M002.
By the RFP's closing date, the agency received nine proposals, including
those of LCI (the incumbent contractor on the predecessor contract to the
BRASS contract, which was called the Business and Staff Support (BASS)
contract) and CC&G. Agency Report (AR), Tab 23, Source Selection Decision
Document, at 1. The proposals were evaluated, with CC&G's proposal
receiving ratings of "high confidence" under the past performance factor,
with "blue" with "low" proposal risk ratings under both subfactors
comprising the mission capability factor, at a proposed price of
$17.2 million and an evaluated cost/price of $17.3 million.[3] LCI's
proposal received ratings of "high confidence" under the past performance
factor, "green" with "low" proposal risk under the personnel
qualifications/corporate experience subfactor of the mission capability
factor, and "green" with "moderate" proposal risk under "management"
subfactor, at a proposed price of $17.4 million.[4] AR, Tab 22, Evaluation
Matrix; Tab 23, Source Selection Decision, at 17. The agency selected
CC&G's highest rated, lowest cost/price proposal for award.
LCI protests that CC&G should be precluded from receiving award under this
solicitation because one of its joint venture partners, CAS, has an
organizational conflict of interest (OCI). LCI, which asserts that its
incumbent BASS contract included an OCI clause that "barred [it] from
competition on any other AFRL contract," contends that because CAS is
currently performing an acquisition closeout support services (ACSS)
contract for AFRL at Kirtland AFB, "fundamental fairness" requires that
CC&G "be barred from participating on the BRASS Contract" because the BASS
contract "was of a similar nature to CAS['s] ACSS" contract. Protester's
Comments at 3; Protester's Supp. Comments at 4. In this regard, the
protester contends that "[a]ccess to contract sensitive information and
developing requirements is an implicit part" of the ACSS contract.
Protester's Supp.
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