B-299517; B-299517.2, Sumaria Systems, Inc., June 8, 2007
Case: B-299517
Agency:
Protester: B
Date: 2007-06-08
Denied
B-299517; B-299517.2, Sumaria Systems, Inc., June 8, 2007
TITLE: B-299517; B-299517.2, Sumaria Systems, Inc., June 8, 2007
BNUMBER: B-299517; B-299517.2
DATE: June 8, 2007
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B-299517; B-299517.2, Sumaria Systems, Inc., June 8, 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: Sumaria Systems, Inc.
File: B-299517; B-299517.2
Date: June 8, 2007
David M. Pronchick, Esq., BlueLaw LLP, and Rebecca E. Pearson, Esq.,
John J. Pavlick, Jr., Esq., and Sharon A. Jenks, Esq., Venable LLP, for
the protester.
Richard W. Gates, Esq., and Lary Mohl, Esq., United States Transportation
Command, Department of Defense, for the agency.
Paul N. Wengert, Esq., and Ralph O. White, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest is denied where agency reasonably evaluated successful vendor's
quotation in competition for order under Federal Supply Schedule for
information technology services, and where additional past performance
information considered by agency supported improvement in successful
vendor's evaluation, and agency reasonably took into account both the
lower staffing of successful vendor's quotation, and evaluated strengths
of protester's quotation, in determining that protester's technical
superiority did not overcome successful vendor's lower evaluated cost.
DECISION
Sumaria Systems, Inc. protests the issuance of a task order to Dynamics
Research Corporation (DRC) by the Department of Defense, United States
Transportation Command (USTRANSCOM), under the General Services
Administration's Federal Supply Schedule (FSS) contract for general
purpose commercial information technology equipment, software, and
services (Schedule 70), and pursuant to request for quotations (RFQ)
No. HTC711-07-Q-0006 for corporate data office engineering and modeling
services. Sumaria objects to the evaluation and selection of DRC as the
successful vendor on the basis of DRC's lower-priced quotation.
We deny the protest.
BACKGROUND
The RFQ, dated November 2, 2006, announced that USTRANSCOM would issue a
labor hour task order for an initial base period (the remainder of federal
fiscal year 2007), followed by three 1-year options to the successful FSS
vendor.[1] Contracting Officer's (CO) Statement at 1. The RFQ set forth
two equally-weighted non-price factors--past performance, and mission
capability--which, when combined, were significantly more important than
price. RFQ attach. 2, Quote Evaluation Criteria, at 1. The mission
capability factor was divided into two subfactors: staffing and technical
approach. Id. at 4. For each subfactor, the RFQ described an assessment of
both the quotation's merit and the "Quote Risk," which it described as a
measure of "the weaknesses associated with the offeror's proposed approach
as it relates to accomplishing the requirements of the solicitation." Id.
at 3-5. The RFQ also stated that "overall price . . . will be evaluated
for completeness and reasonableness considering the proposed approach in
terms of labor or skill mix, labor hours, any other direct costs, and
quoted discounts." Id. at 5.
After receiving initial quotations and past performance information, the
evaluators rated DRC's past performance "significant confidence," and
Sumaria's "high confidence."[2] Under the mission capability factor, DRC
was rated "yellow" with "moderate" risk for both subfactors, while Sumaria
was rated "blue" with "low" risk under the staffing subfactor, and "green"
with "low" risk under the technical approach subfactor.[3] Agency Report
(AR), Tab 15b, Initial Rating Team Worksheets.
After conducting multiple rounds of discussions and requesting interim,
then final, revised quotations, the evaluators rated both vendors "high
confidence" under the past performance factor. Under the mission
capability factor, DRC's final revised quotation was rated "blue" with
"low" risk under the technical approach subfactor, and "green" with "low"
risk under the staffing subfactor, while Sumaria's was rated "blue" with
"low" risk under both subfactors.
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