B-400135; B-400135.2, Lockheed Martin MS2 Tactical Systems, August 8, 2008
Case: B-400135
Agency:
Protester: B
Date: 2008-08-08
Denied
B-400135; B-400135.2, Lockheed Martin MS2 Tactical Systems, August 8, 2008
TITLE: B-400135; B-400135.2, Lockheed Martin MS2 Tactical Systems, August 8, 2008
BNUMBER: B-400135; B-400135.2
DATE: August 8, 2008
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B-400135; B-400135.2, Lockheed Martin MS2 Tactical Systems, August 8, 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: Lockheed Martin MS2 Tactical Systems
File: B-400135; B-400135.2
Date: August 8, 2008
Marcia G. Madsen, Esq., Cameron S. Hamrick, Esq., David A. Dowd, Esq.,
Roger D. Waldron, Esq., Luke Levasseur, Esq., Melissa L. Baker, Esq., and
Sarah A. Sulkowski, Esq., Mayer Brown; and Bucky P. Mansuy, Esq., Lockheed
Martin MS2 Tactical Systems, for the protester.
John W. Chierichella, Esq., Anne B. Perry, Esq., Jonathan S. Aronie, Esq.,
Keith R. Szeliga, Esq., Jesse J. Williams, Esq., and Daniel J. Marcinak,
Esq., Sheppard Mullin, for Northrop Grumman, the intervenor.
Bridget A. Jarvis, Esq., Christopher J. Biglin, Esq., Russell P. Spindler,
Esq., Gregory Ircink, Esq., Stephanie Kroke, Esq., and Kristopher Fischer,
Esq., Naval Air Systems Command, for the agency.
David A. Ashen, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Agency reasonably determined, in procurement for unmanned maritime
surveillance aircraft, that awardee had significant advantage over
protester with respect to past performance where: protester's
subcontractor, responsible for approximately 50 percent of contract
effort, had recent past performance history of being unable to resolve
staffing and resource issues, resulting in adverse cost and schedule
performance on very relevant contracts for unmanned aircraft; record did
not demonstrate that protester's subcontractor had implemented systemic
improvement that resulted in improved performance; while operating
division of the awardee also had performance problems on very relevant
contracts for unmanned aircraft, many had been addressed through systemic
improvement; and overall performance of awardee's team on most evaluated
contract efforts was rated better than satisfactory, while the overall
performance of protester's team on 11 of 26 contract efforts was only
marginal.
DECISION
Lockheed Martin MS2 Tactical Systems (LM) protests the Naval Air Systems
Command's (NAVAIR) award of a contract to Northrop Grumman (NG) under
request for proposals (RFP) No. N00019-07-R-0001, for the Broad Area
Maritime Surveillance (BAMS) Unmanned Aircraft System(UAS). LM challenges
the evaluation of proposals and resulting source selection.
We deny the protest.
The Navy generally expects that the BAMS UAS will provide a persistent
maritime Intelligence, Surveillance, and Reconnaissance (ISR) data
collection and dissemination capability to the fleet, with BAMS on station
24 hours a day, 365 days a year for 20 years. Hearing Transcript (Tr.) at
47. The Statement of Objectives for BAMS (SOO) included in the RFP
established the objective that each BAMS orbit (unit) provide (with no
more than three aircraft aloft simultaneously) continuous surveillance
capability for a minimum of 24 hours per day for 7 consecutive days, with
an Effective Time on Station (ETOS) of no less than 80 percent, at a
minimum mission range of 2,000 nautical miles (nm). BAMS SOO
sections 1.0-3.1. Likewise, the Performance Based System Specification for
BAMS (PBSS) included in the RFP required that the BAMS UAS "be capable of
maintaining 80 percent (Threshold) and 95 percent (Objective) ETOS
executed within a period of 168 continuous hours at a mission radius of
2000 Nautical Mile (nm) from its operating base." PBSS sect. 3.1.1.
At Initial Operational Capability (IOC), defined as one base unit with
sufficient assets to operationally support one persistent ISR orbit, the
BAMS UAS missions will include maritime surveillance, collection of enemy
order of battle information, battle damage assessment, port surveillance,
communication relay, and support of maritime interdiction, surface
warfare, battlespace management, and targeting for maritime and littoral
strike missions. (At full operational capability, the BAMS UAS will
provide for up to five simultaneous orbits worldwide.) While the objective
is to achieve IOC in fiscal year (FY) 2113 or earlier, the minimum
threshold requirement is for an IOC in FY 2014.
Full decision text continues on ProtestIntel...