B-299175; B-299175.2, Geo-Seis Helicopters, Inc., March 5, 2007
Case: B-299175
Agency:
Protester: B
Date: 2007-03-05
Denied
B-299175; B-299175.2, Geo-Seis Helicopters, Inc., March 5, 2007
TITLE: B-299175; B-299175.2, Geo-Seis Helicopters, Inc., March 5, 2007
BNUMBER: B-299175; B-299175.2
DATE: March 5, 2007
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B-299175; B-299175.2, Geo-Seis Helicopters, Inc., March 5, 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: Geo-Seis Helicopters, Inc.
File: B-299175; B-299175.2
Date: March 5, 2007
Robert K. Stewart, Jr., Esq., Davis Wright Tremaine LLP, for the
protester.
John E. McCarthy, Jr., Esq., David Hammond, Esq., and Adelicia Cliffe
Taylor, Esq., Crowell & Moring LLP, for Presidential Airways, Inc., an
intervenor.
Robert M. Elwell, Esq., and Michelle L. Salter, Esq., Military Sealift
Command, for the agency.
Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Where awardee's final proposal revision (FPR) was received after
closing time, it was unobjectionable for contracting officer to extend
closing time to provide awardee another opportunity to timely submit its
FPR; agency properly may extend closing time under these circumstances
where extension is intended to enhance competition.
2. Price/technical tradeoff was reasonable where record demonstrates
that, based on consideration of evaluation documents, source selection
authority concluded that awardee's and protester's proposals were
technically equal, and that protester's superior past performance was not
sufficient to offset awardee's lower price.
DECISION
Geo-Seis Helicopters, Inc. protests the award of a contract to
Presidential Airways, Inc. for commercial helicopter vertical
replenishment (VERTREP) services under request for proposals (RFP) No.
N00033-05-R-1004, issued by the Department of the Navy, Military Sealift
Command. Geo-Seis principally argues that MSC improperly selected
Presidential's proposal for award.
We deny the protest.
The RFP, as amended, provided for award on a "best value" basis,
considering (in descending order of importance) technical
factors--detachment specifications (with equally-weighted subfactors for
airframe specifications and mission capability), and support concept and
experience (with equally-weighted subfactors for maintenance plan,
logistics plan, personnel plan, casualty plan, quality plan, and safety
plan)--price, and past performance. Regarding past performance, offerors
were required to provide questionnaires from references for at least three
prior contracts. Offerors were also required to submit aircraft casualty
and personnel fatality information for each of the three contracts and to
explain the reasons for any casualty or fatality and steps taken to
prevent a recurrence.
The agency received six proposals, which were evaluated by a source
selection evaluation board (SSEB),[1] established a competitive range,
held four rounds of discussions, and requested two rounds of final
proposal revisions (FPR). Following the evaluation of the second FPRs,
both Geo-Seis's and Presidential's proposals were rated "exceeds
satisfactory" for each technical evaluation subfactor, while Geo-Seis was
rated "exceptional" and Presidential "neutral" for past performance.
Presidential's proposed price was $92,977,882, and Geo-Seis's was
$100,376,241. The agency performed a best value analysis and determined
that Presidential's and Geo-Seis's proposals were equal technically, and
that Geo-Seis's higher past performance rating was not sufficient to
offset Presidential's lower price. The agency therefore made award to
Presidential. Geo-Seis challenges the award decision.
In reviewing a protest against an agency's proposal evaluation, our role
is limited to ensuring that the evaluation was reasonable and consistent
with the terms of the solicitation and applicable statutes and
regulations. Philips Med. Sys. of North Am., B-293945.2, June 17, 2004,
2004 CPD para. 129 at 2. We have reviewed the record and find Geo-Seis's
arguments to be without merit. We discuss several of those arguments
below.
EVALUATION
Past Performance
Geo-Seis asserts that MSC improperly assigned Presidential a neutral past
performance rating. In this regard, the protester maintains that this
rating fails to account for the fact that Presidential had experienced an
aircraft casualty that resulted in aircraft damage and personnel
fatalities and that, had this information been properly considered,
Presidential would have received a negative past performance rating.
This argument is without merit.
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