B-298838, B-298838.2, Smiths Detection, Inc., December 22, 2006
Case: B-298838
Agency:
Protester: B
Date: 2006-12-22
Denied
B-298838, B-298838.2, Smiths Detection, Inc., December 22, 2006
TITLE: B-298838, B-298838.2, Smiths Detection, Inc., December 22, 2006
BNUMBER: B-298838, B-298838.2
DATE: December 22, 2006
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B-298838, B-298838.2, Smiths Detection, Inc., December 22, 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: Smiths Detection, Inc.
File: B-298838, B-298838.2
Date: December 22, 2006
John S. Pachter, Esq., Jonathan D. Shaffer, Esq., Richard C. Johnson,
Esq., Tamara F. Dunlap, Esq., Stephanie D. Capps, Esq., and Mary Pat
Gregory, Esq., Smith Pachter McWhorter PLC, for the protester.
Thomas P. Barletta, Esq., Daniel C. Sauls, Esq., Paul R. Hurst, Esq., Paul
I. Lieberman, Esq., Michael C. Drew, Esq., and Ana Holmes Voss, Esq.,
Steptoe & Johnson LLP, for Science Applications International Corporation,
an intervenor.
Robert J. Sherry, Esq., Sheila A. Armstrong, Esq., Laura Patterson
Hoffman, Esq., and Matthew G. Ball, Esq., Kirkpatrick & Lockhart Nicholson
Graham LLP, for American Science & Engineering, Inc., an intervenor.
Catherine Anderson, Esq., and Marion Cordova, Esq., Department of Homeland
Security, for the agency.
Linda C. Glass, Esq., and Glenn G. Wolcott, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency's evaluation and source selection decision (SSD)
were flawed is denied where the record shows that the agency's evaluation
and SSD were reasonable and consistent with the solicitation's evaluation
factors.
2. Source selection authority (SSA) performed a reasonable cost/technical
tradeoff in determining that the awardees' proposals represented the best
value, where the SSA's judgment, based upon the results of a reasonable,
documented technical evaluation, demonstrates the SSA's understanding of
the evaluated strengths and weaknesses of the respective proposals, and
shows a reasonable weighing of the offerors' respective technical and cost
advantages consistent with the solicitation's evaluation criteria.
3. Discussions were meaningful where the discussions led the protester
into the areas of its proposal that required improvement or further
clarification.
4. Agency's cost evaluation was reasonable even though agency did not
verify each and every item of an offeror's proposed costs in conducting
its cost realism analysis since the cost evaluation was the result of the
agency's exercise of informed judgment.
DECISION
Smiths Detection, Inc. protests the award of contracts to Science
Applications International Corporation (SAIC), American Science &
Engineering, Inc. (AS&E), and L3 Communications Security & Detection
Systems, Inc. (L3) under request for proposals No. HSHQDC-05-R-00007,
issued by the Department of Homeland Security (DHS), Domestic Nuclear
Detection Office (DNDO), for the research and development, developmental
test and evaluation, spiral development, pilot deployment, production, and
operational deployment of the Cargo Advanced Automated Radiography System
(CAARS ) Program.[1] Smiths objects to the agency's evaluation of
proposals, and maintains that the agency failed to conduct meaningful
discussions, conducted a flawed cost realism analysis, and failed to make
a proper best value determination.
We deny the protest.
BACKGROUND
The solicitation was issued on February 17, 2006, and as amended, provided
for the award of up to three indefinite-delivery/indefinite-quantity
(ID/IQ) contracts for a period of 7 years. Simultaneously with, or
immediately following, the award of the basic ID/IQ contract, the agency
plans to issue Task Order No. 1, covering concept and technology
development and developmental test and evaluation, to each ID/IQ
contractor on a cost plus award fee basis. This effort will culminate with
the delivery of one prototype CAARS to DNDO for test and evaluation.
The RFP provided that the award would be made based on the best overall
proposals that are determined to be most beneficial to the government with
appropriate consideration given to the following evaluation factors listed
in descending order of importance: technical, management, past performance
and cost. RFP sect. M.1.
Full decision text continues on ProtestIntel...