B-299542.3; B-299542.4, AT&T Corp., November 16, 2007
Case: B-299542.3
Agency:
Protester: B
Date: 2007-11-16
Sustained In Part, Denied In Part
B-299542.3; B-299542.4, AT&T Corp., November 16, 2007
TITLE: B-299542.3; B-299542.4, AT&T Corp., November 16, 2007
BNUMBER: B-299542.3; B-299542.4
DATE: November 16, 2007
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B-299542.3; B-299542.4, AT&T Corp., November 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: AT&T Corp.
File: B-299542.3; B-299542.4
Date: November 16, 2007
Thomas C. Papson, Esq., John G. Horan, Esq., Jason A. Carey, Esq., Matthew
T. Crosby, Esq., and Grant B. Rabenn, Esq., McKenna Long & Aldridge LLP,
for the protester.
Thomas L. McGovern III, Esq., Todd R. Overman, Esq., and Ann M. Lichter,
Esq., Hogan & Hartson LLP, for Nortel Government Solutions, Inc., an
intervenor.
Seth Binstock, Esq., Lucinda Davis, Esq., Ellen Rothschild, Esq., and Uri
Ko, Esq., Social Security Administration, for the agency.
Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency's discussions with protester were not meaningful where the
agency found the protester's staffing plan contained significant
weaknesses but failed to sufficiently identify the scope of the agency's
concerns in discussions.
2. Protest challenging the evaluation of awardee's management approach
proposal (specifically, its proposed staffing plan) is sustained where the
agency subsequently reached conclusions that differed from the underlying
evaluation findings, and provided no explanation for the inconsistency.
3. Protest challenging the evaluation of offerors' technical proposals is
denied where the record establishes that the agency's evaluation was
reasonable and consistent with the evaluation criteria.
4. Protest challenging the evaluation of the protester's past performance
is denied where the record establishes that the agency's evaluation was
reasonable and consistent with the stated evaluation criteria.
DECISION
AT&T Corp. protests the award of a contract to Nortel Government
Solutions, Inc. under request for proposals (RFP) No. SSA-RFP-06-1031,
issued by the Social Security Administration (SSA) for the agency's
telephone systems replacement project (TSRP). AT&T argues that the
agency's evaluation of offerors' proposals and subsequent source selection
decision were improper. AT&T also contends that the agency's discussions
with the protester regarding the offeror's proposed staffing plan were not
meaningful.
We sustain the protest in part and deny it in part.
BACKGROUND
The SSA, the federal government agency charged with administering the
social security trust fund, has a staff of over 65,000 employees. In
addition to the agency's headquarters, SSA has a field organization
consisting of 10 regional offices, 6 program service centers, and more
than 1,500 field offices to provide services at the local level. The TSRP
represents SSA's replacement of its current telephone systems with an
enterprise voice over Internet protocol (VoIP) telephone solution, to
support the agency's current and future requirements and the transition to
Internet protocol (IP) telephones. In general terms, the statement of work
here required the contractor to remove SSA's existing telephone system,
and to provide all hardware, software, and services necessary to engineer,
install, and integrate the TSRP solutions with SSA's government-furnished
equipment.[1] RFP amend. 6, SOW sections C.1.1 -- C.1.3.
The RFP, issued on August 10, 2006, contemplated the award of a
fixed-price, indefinite-delivery/indefinite-quantity (ID/IQ) contract for
a base year together with nine 1-year options.[2] The RFP identified five
evaluation factors: technical approach, past performance, key personnel
qualifications, management approach, and price.[3] The solicitation stated
that the four technical/non-price (hereinafter technical) factors were
listed in descending order of importance and, when combined, were more
important than price. Award was to be made to the responsible offeror
whose proposal was determined to be the "best value" to the government,
all factors considered. RFP amend. 3, sect. M.1.
Four offerors, including AT&T and Nortel, submitted proposals by the
November 9 closing date.
Full decision text continues on ProtestIntel...