SigNet Technologies, Inc.
Case: B-417335
Agency: Department of Defense : Department of the Army : Corps of Engineers
Protester: SigNet Technologies, Inc.
Date: 2019-05-28
Denied
B-417335,B-417335.2
May 28, 2019
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Highlights
SigNet Technologies, Inc., of Beltsville, Maryland protests the award of a task order to Xator Corporation of Reston, Virginia, under request for proposals (RFP) No. W912DY-18-R-0052, issued by the United States Army Corps of Engineers (Corps) to plan, procure, and install a surveillance system in Kabul, Afghanistan. SigNet challenges the agency's evaluation of proposals and the resulting task order award.
We deny the protest.
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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: SigNet Technologies, Inc.
File: B-417335; B-417335.2
Date: May 28, 2019
Ira E. Hoffman, Esq., Butzel Long, PC, for the protester.
David S. Black, Esq., Gregory R. Hallmark, Esq., and Amy L. Fuentes, Esq., Holland & Knight LLP, for Xator Corporation, an intervenor.
Karl W. Kuhn, Esq. and C. Clay Weisenberger, Esq., Department of the Army, for the agency.
Sarah T. Zaffina, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency conducted inadequate discussions is denied where the agency led the offeror into the general area of its proposal requiring amplification or revision as acknowledged by the offeror in its final proposal revision.
2. Protest challenging the evaluation of the awardee's proposal is dismissed where protester contests a performance requirement that need not be met prior to contract award, which raises an issue of contract administration that our Office does not consider.
DECISION
SigNet Technologies, Inc., of Beltsville, Maryland protests the award of a task order to Xator Corporation of Reston, Virginia, under request for proposals (RFP) No. W912DY-18-R-0052, issued by the United States Army Corps of Engineers (Corps) to plan, procure, and install a surveillance system in Kabul, Afghanistan. SigNet challenges the agency's evaluation of proposals and the resulting task order award.
We deny the protest.
BACKGROUND
The agency issued the RFP on September 6, 2018, to holders of the Corps' Electronic Security Systems VI Unrestricted Multiple-Award Task Order Contract, pursuant to Federal Acquisition Regulation (FAR) subpart 16.5.1 AR, Tab 4.a, RFP at 1; Contracting Officer's Statement (COS) at 1. The RFP included a detailed performance work statement (PWS) to provide the planning, procurement, and installation of upgrades and expansion to the Kabul Security and Surveillance System in multiple locations in and around Kabul, Afghanistan. AR, Tab 4.b, PWS, at 1. The solicitation contemplated the issuance of a fixed-price order for a 1-year base period and one 1-year option period, as well as a 6-month option to extend services in accordance with FAR clause 52.217-8. RFP at 1.
Award was to be made on a best-value tradeoff basis, using three evaluation factors: technical, past performance, and price. Id. at 4-5. The technical factor was more important than the past performance factor, and when combined, all non-price factors were more important than price. Id. at 5. For the technical factor, the solicitation stated that the offeror's technical approach for 10 tasks would be evaluated and assigned the following adjectival ratings: outstanding, good, acceptable, marginal, or unacceptable. Id. at 5-6. The solicitation stated that in order to be considered for award, an offeror must receive a rating of no less than acceptable under the technical factor. Id. at 5. Of the identified 10 tasks to be evaluated under the technical factor, only the staffing approach is relevant to this discussion.
Two offerors, SigNet and Xator, submitted proposals by the November 7, 2018, closing date. COS at 2. The agency evaluated proposals, conducted discussions with both offerors, and requested final proposal revisions (FPRs) which were evaluated as follows:
SigNet Xator
Technical Marginal Good
Past Performance Satisfactory Confidence Satisfactory Confidence
Price $70,516,231 $63,541,031
AR, Tab 23.a, Source Selection Decision Doc. (SSDD), at 20.
After independently reviewing SigNet's proposal, the source selection authority (SSA), who was also the contracting officer for this procurement, concurred with the marginal rating assigned by the evaluators to SigNet's proposal under the technical evaluation factor and eliminated SigNet from the competition. Id. at 10, 20-22. The SSA concluded that Xator's higher-rated and lower-priced proposal represented the best value to the government and selected it for award. Id. at 22; see COS at 23-24.
After a written debriefing, this protest followed.2
DISCUSSION
SigNet raises several arguments challenging its evaluation and the award to Xator.
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