B-310661.3; B-310661.4, Karrar Systems Corporation, March 3, 2008
Case: B-310661.3
Agency:
Protester: B
Date: 2008-03-03
Denied
B-310661.3; B-310661.4, Karrar Systems Corporation, March 3, 2008
TITLE: B-310661.3; B-310661.4, Karrar Systems Corporation, March 3, 2008
BNUMBER: B-310661.3; B-310661.4
DATE: March 3, 2008
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B-310661.3; B-310661.4, Karrar Systems Corporation, March 3, 2008
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: Karrar Systems Corporation
File: B-310661.3; B-310661.4
Date: March 3, 2008
Kevin P. Connelly, Esq., Seyfarth, Shaw, LLP, for the protester.
Ross Aboff, Esq., Archer & Greiner, for BANC3, Inc., an intervenor.
Daniel Pantzer, Esq., Denise M. Marrama, Esq., and James F. Ford, Esq.,
Department of the Army, 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. Protest that agency unreasonably rated awardee's technical
proposal acceptable despite eight weaknesses and only three strengths is
denied where determination of acceptability was not based solely on number
of strengths versus weaknesses and protester does not argue that awardee's
proposal did not satisfy any of the criteria agency applied.
2. Assertion that protester's proposal should have been rated good
rather than acceptable under one management subfactor is denied where
record demonstrates that evaluators reasonably assigned acceptable rating
and, in any case, conclusion that awardee's proposal was superior under
management factor was based, not solely on adjectival ratings under
subfactors, but on source selection official's consideration of underlying
strengths and weaknesses of protester's and awardee's proposals.
3. Protest that "best value" determination was unreasonable is denied
where, in determining that protester's technically superior proposal was
not worth a 30 percent price premium, source selection official
specifically considered proposals' ratings under each factor and
subfactor, weight accorded each factor, and proposals' underlying
strengths and weaknesses.
4. Protest that awardee's proposal to recruit spouses of transferred
government personnel created improper conflict of interest due to
potential for unduly favorable consideration from evaluators is denied
where proposal was general in nature and did not identify individuals that
could be affected, and there is no other evidence or reason to believe
that evaluators were unduly influenced.
DECISION
Karrar Systems Corporation protests the award of a contract to BANC3, Inc.
under request for proposals (RFP) No. W15P7T-07-R-A226, issued by the
Department of the Army for program and administrative services for its R2
program (which is designed to provide an efficient means of acquiring
critical, near obsolete items necessary to sustain crucial weapon
systems). Karrar asserts that the Army misevaluated its and BANC3's
proposals and performed an improper "best value" analysis.
We deny the protest.
The solicitation contemplated a best value award of a 5-year
indefinite-delivery/ indefinite-quantity contract based on four evaluation
factors (in descending order of importance): technical (with subfactors
for three sample task orders--pre-award, post award, and budget),
management (with subfactors for transition plan to Aberdeen ( the R2
program is being moved from Fort Monmouth, New Jersey to Aberdeen Proving
Ground, Maryland), transition plan, and management plan), performance
risk, and price. RFP at 59.
Four offerors responded to the RFP. A source selection evaluation board
(SSEB) assigned the proposals adjectival ratings under the technical and
management factors and subfactors considering evaluated strengths and
weaknesses, whether a proposal met the requirements of the RFP, the amount
of detail provided, and the feasibility of the proposed approach.[1]
Agency Report (AR) at 3. Following the initial evaluation, a competitive
range determination, discussions, and the submission and evaluation of
final proposal revisions, Karrar's proposal was rated good under the
technical factor, with subfactor ratings of good for the pre- and
post-award sample task orders, and acceptable for the budget sample task
order, Final Source Selection at 21; acceptable under the management
factor, with subfactor ratings of acceptable for transition to Aberdeen,
good for transition plan, and acceptable for management plan, id. at 37;
and low for performance risk. BANC3's proposal was rated acceptable under
the technical factor, with acceptable ratings for each subfactor, id.
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