B-299546.2, Control Systems Research, Inc., August 31, 2007
Case: B-299546.2
Agency:
Protester: B
Date: 2007-08-31
Denied
B-299546.2
Aug 31, 2007
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Highlights
Control Systems Research, Inc., (CSR) protests the award of a contract by the Department of the Army to Atmospheric Technology Services Company (ATSC) under request for proposals (RFP) No. W9113M-06-R-0001, for meteorological support services (MSS) at the U.S. Army Kwajalein Atoll/Reagan Test Site (USAKA/RTS).
We deny the protest.
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B-299546.2, Control Systems Research, Inc., August 31, 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: Control Systems Research, Inc.
File: B-299546.2
Date: August 31, 2007
Hoke Smith, III, Esq., Richard H. Powell & Associates, PA, for the protester.
Joel H. McNatt, Esq., Cheek & Falcone, PLLC, for Atmospheric Technology Services Company, an intervenor.
Raymond M. Saunders, Esq., and Maj. Carla T. Peters, Department of the Army, for the agency.
Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging agency's technical and past performance evaluation is denied, where the agency evaluated the protester's proposal in accordance with the terms of the solicitation.
DECISION
Control Systems Research, Inc., (CSR) protests the award of a contract by the Department of the Army to Atmospheric Technology Services Company (ATSC) under request for proposals (RFP) No. W9113M-06-R-0001, for meteorological support services (MSS) at the U.S. Army Kwajalein Atoll/Reagan Test Site (USAKA/RTS).
We deny the protest.
The USAKA/RTS is located on Kwajalein, a remote atoll in the Republic of the Marshall Islands, 2,100 miles from Hawaii and 2,000 miles from Guam. The USAKA/RTS is located in an intertropical convergence zone (ITCZ).[1] The USAKA/RTS is a Major Range and Test Facility Base (MRTFB) of the Department of Defense and a major subordinate element of the U.S. Army Space and Missile Defense command. The USAKA/RTS offers space tracking and launch operations and strategic and tactical missile testing with the world's most sophisticated suite of radar systems, optics, telemetry, and scoring sensors. RFP, Statement of Work (SOW) sect. 1.2. These critical and expensive tests rely on accurate and timely meteorological/weather information to ensure success. Approximately 40 major tests are scheduled during the contract period, and a lack of expert meteorological/weather information would result in unacceptable delays, mission failures and cost overruns in the range of $5 million per mission. Contracting Officer's (CO) Statement at 3.
The solicitation was issued on June 14, 2006 as a section 8(a) set-aside, and provided for the award of a cost-plus-fixed-fee contract for a period of 3 years with two 2-year options. The RFP stated that the Army intended to award the contract without discussions on a best value basis, considering the evaluation factors of technical, management, past performance, and cost. RFP at 68. The management area was said to be slightly more important than the technical area; the past performance area was approximately equal to the technical area and slightly less important than the management area; and cost, although, a substantial evaluation factor, was less important than the technical, management, and past performance areas. RFP at 71. Each of the non-cost evaluation areas had evaluation factors; for example, the evaluation factors in the technical area were (1) technical approach and understanding of the statement work and (2) personnel experience.[2]
A site visit was held for the prospective offerors on July 17 to 19.[3] On July 20, the RFP package was updated to address questions generated by the site visit. CO Statement at 2; RFP amend. 2. Proposals were due on July 31.
Three proposals were received in response to the RFP. CSR's proposal was evaluated as acceptable in the technical and management areas with an unknown risk past performance rating and a total evaluated probable cost of $13,183,734.[4] ATSC's proposal was evaluated as exceptional for the technical and management areas with a low risk past performance rating and a total evaluated probable cost of $17,295,557.[5] Based upon a cost/technical tradeoff, the agency concluded that ATSC's proposal represented the best value to the government and decided to make award to that firm.[6] AR, Tab 12a, Source Selection Decision (Feb. 14, 2007).
CSR filed a pre-award protest with our Office on March 12, 2007, challenging the evaluation and award selection. Thereafter, on April 5, the agency advised that it intended to take the corrective action of setting aside the prospective award to ATSC and making a new best value determination. AR, Tab 3B, Agency Corrective Action Letter.
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