B-298954; B-298954.2; B-298954.3, Northrop Grumman Systems Corporation, January 12, 2007
Case: B-298954
Agency:
Protester: B
Date: 2007-01-12
Denied
B-298954; B-298954.2; B-298954.3, Northrop Grumman Systems Corporation, January 12, 2007
TITLE: B-298954; B-298954.2; B-298954.3, Northrop Grumman Systems Corporation, January 12, 2007
BNUMBER: B-298954; B-298954.2; B-298954.3
DATE: January 12, 2007
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B-298954; B-298954.2; B-298954.3, Northrop Grumman Systems Corporation, 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: Northrop Grumman Systems Corporation
File: B-298954; B-298954.2; B-298954.3
Date: January 12, 2007
Richard A. Sauber, Esq., Deneen J. Melander, Esq., Steven A. Alerding,
Esq., Seth W. Greene, Esq., and Joseph J. LoBue, Esq., Fried, Frank,
Harris, Shriver & Jacobson, for the protester.
Marcia G. Madsen, Esq., David F. Dowd, Esq., Michael E. Lackey, Esq.,
David B. Robbins, Esq., and William L. Olsen, Esq., Mayer, Brown, Rowe &
Maw, for Lockheed Martin Maritime Systems & Sensors--Syracuse, the
intervenor.
Brian Toland, Esq., John J. Reynolds, Esq., Howard J. Bookman, Esq., and
Johanna E. Crawford, Esq.,Department of the Army, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency failed to adequately account in the evaluation and
best value determination for protester's offer of an enhancement (greater
coverage) to required target acquisition counter fire radar is denied
where the agency assigned a significant strength to protester's proposal
on account of the proposed enhancement, but also assigned a significant
strength to the awardee's proposal on account of the fact that its
proposed radar was based on an actual prototype radar, and thus was more
likely than the protester's unbuilt design to meet the solicitation's
stringent delivery schedule; having reasonably determined that the
protester's proposal was not superior to the awardee's proposal with
respect to technical approach, the agency reasonably concluded that the
awardee's advantages with respect to supportability and a lower cost/price
warranted finding that the proposal represented the best value.
DECISION
Northrop Grumman Systems Corporation (NG) protests the U.S. Army
Communications-Electronics Command's (CECOM) award of a contract to
Lockheed Martin Maritime Systems & Sensors--Syracuse (LM), under request
for proposals (RFP) No. W15P7T-06-R-T001, for the Enhanced AN/TPQ-36
(EQ-36) Target Acquisition Counter Fire Radar System. NG asserts that LM's
proposal failed to satisfy a mandatory solicitation requirement and
otherwise challenges the evaluation of proposals.
We deny the protest.
Target acquisition counter fire radar detects and analyzes incoming enemy
mortar shells, rockets, and artillery (cannon) shells so as to locate
enemy firing points and thereby enable friendly forces to target the
firing points. As stated in the Statement of Objectives (SOO) included in
the solicitation, the EQ-36 procurement is in response to
a requirement for quickly replacing the existing AN/TPQ-36(V) 8 radar
system, which has the operational capability to locate hostile mortar,
artillery, and rocket fire that are a pervasive threat throughout the
Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF)
theaters of operation, with a system with improved capabilities.
SOO sect. 1. According to the SOO, the EQ-36 system "shall provide
increased capability over the existing AN/TPQ-36(V) 8, including 360
degree azimuth coverage against all threats at increased ranges." Id.
sect. 1. Further, the EQ-36 "improves the current system's capability to
operate in clutter and less than desired detection range and accuracy,"
addressing "a critical OIF/OEF warfighting deficiency to locate threat
mortar, artillery and rocket systems in a clutter environment." Id. sect.
1.1.[1]
In addition, the SOO noted that, not only did the current target
acquisition counter fire radar systems have "limited radar system
performance, [but] this near obsolescent equipment is expensive to support
and adversely effects sustainment and maintainability costs." SOO sect.
1.1. Therefore, according to the SOO, "[s]chedule is a critical aspect of
the EQ-36 program due to the urgent nature of the requirement," and
"[g]iven the need to quickly field a system to meet ongoing requirements,
technically mature solutions shall be procured to meet existing and
emerging needs." SOO sections 1.4, 3.6.
Full decision text continues on ProtestIntel...