B-299014; B-299014.2, L-3 Communications Corporation, January 16, 2007
Case: B-299014
Agency:
Protester: B
Date: 2007-01-16
Denied
B-299014; B-299014.2, L-3 Communications Corporation, January 16, 2007
TITLE: B-299014; B-299014.2, L-3 Communications Corporation, January 16, 2007
BNUMBER: B-299014; B-299014.2
DATE: January 16, 2007
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B-299014; B-299014.2, L-3 Communications Corporation, January 16, 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: L-3 Communications Corporation
File: B-299014; B-299014.2
Date: January 16, 2007
Michael A. Hordell, Esq., Charles H. Carpenter, Esq., Sean P. Bamford,
Esq., and Heather Kilgore Weiner, Esq., Pepper Hamilton LLP, for the
protester.
Michael F. Mason, Esq., Thomas L. McGovern, III, Esq., and Michael D.
McGill, Esq., Hogan & Hartson LLP, for the intervenor.
Sherry Kinland Kaswell, Esq., Department of Interior, for the agency.
Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
In a negotiated procurement that provides for award on the basis of a
cost/technical tradeoff, protest that an agency unreasonably downgraded
the protester's offer to exceed the technical requirements is denied,
where, in accordance with the stated evaluation scheme, the agency
credited the protester's offer to exceed the requirements but concluded
that the risks associated with the protester's offer did not outweigh its
slight price advantage.
DECISION
L-3 Communications Corporation protests the award of a contract to
Lockheed Martin Services, Inc. under request for proposals (RFP) No.
1406-04-06-RP-60246, issued by GovWorks, a Department of Interior federal
acquisition center, for Joint Terminal Attack Controller (JTAC) Training
and Rehearsal System (TRS) engineering design and support for the
Department of the Air Force.[1] L-3 challenges the agency's evaluation of
its proposal and source selection decision.
We deny the protest.
The RFP, issued December 12, 2005, sought proposals for an "exemplar Joint
Terminal Attack Controller Virtual Trainer (JTAC VT) Dome, as well as a
prototype and/or enhanced interim training capability for a JTAC TRS
Deployable/Garrison System, 2^nd Generation JTAC training and rehearsal
simulation environment." RFP, Statement of Work (SOW), at 1. This training
system is intended to "emulate a tactical combat environment" for
ground-based joint terminal attack controllers.[2] Agency Report (AR), Tab
2, Acquisition Plan, at 1. The dome provides the JTAC immersive
environment, in which visual images are projected. RFP, SOW, at 1. The Air
Force currently has a JTAC VT dome located at the agency's Mesa Research
Site; this trainer was provided by L-3 under an earlier contract.[3]
Protest at 5.
Only Lockheed Martin and L-3 submitted proposals; both firms offered
replicas of the JTAC VT, having the same configuration as the Air Force's
current system located at the Mesa Research Site. Protest at 5. Award was
made to Lockheed Martin on March 22, 2005, and L-3 filed an agency-level
protest, which was denied. L-3 then filed a bid protest with the United
States Court of Federal Claims. In response to that protest, the agency
terminated Lockheed Martin's contract for the convenience of the
government, revised the RFP, and requested revised proposals.
As revised, the RFP requested fixed-price, labor hour, and cost
reimbursement proposals under a number of contract line items (CLIN) for a
1-year contract. CLIN 1, which was identified as the basic requirement,
was for the provision, on a fixed-price basis, of an "AGOS [Air Ground
Operations School] Dome with the hardware and software capability that
will meet or exceed the hardware and software capabilities of [the] Mesa
Research Site's (MRS) JTAC TRS," and for the installation of this dome at
Nellis Air Force Base (AFB), Nevada.[4] AR, Tab 9, Amended SOW, June 13,
2006, at 1-2. CLINs 2 through 4, which were identified as option
requirements, provided for the performance of various tasks under
fixed-labor-rate proposals. CLIN 2 was for "a proof of concept Interim
JTAC TRS capability at a deployed or garrison location." As part of this
effort, the contractor would provide
integrated software, hardware, and systems engineering expertise to
design technologies for scaling down and integrating current JTAC TRS
software to be transitioned to an interim training system for JTACs at a
deployed or garrison location.
Id. at 3. CLINs 5 and 6 were identified as cost reimbursement items with
identified cost ceilings for travel and materials. Id.
Full decision text continues on ProtestIntel...