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Continental RPVs

B-292768.6 Apr 05, 2004
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Continental RPVs protests the award of a contract to Griffon Aerospace, Inc. under request for proposals (RFP) No. DAAH01-02-R-0158, issued by the Army Aviation and Missile Command (AMCOM), Department of the Army, for the acquisition of an aerial remotely piloted vehicle target (RPVT) system and services. Continental challenges the adequacy of the agency's revised best value determination, which the agency performed in response to our decision of December 11, 2003, sustaining Continental's prior related protest. Continental RPVs, B-292768.2, B-292768.3, Dec. 11, 2003, 2003 CPD 6 ____.

We deny the protest.
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B-292768.6, Continental RPVs, April 5, 2004




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:

File:

Date:











DECISION

Continental RPVs protests the award of a contract to Griffon Aerospace, Inc. under request for proposals (RFP) No. DAAH01-02-R-0158, issued by the Army Aviation and Missile Command (AMCOM), Department of the Army, for the acquisition of an aerial remotely piloted vehicle target (RPVT) system and services. Continental challenges the adequacy of the agency's revised best value determination, which the agency performed in response to our decision of December 11, 2003, sustaining Continental's prior related protest. Continental RPVs, B-292768.2, B-292768.3, Dec. 11, 2003, 2003 CPD ____.

We deny the protest.

RPVTs, essentially radio-controlled, sub-scale aerial targets, are a means by which the Army and other United States military services provide training to short range air defense units in countering airborne threats at a reasonable cost; specifically, RPVTs permit live fire engagements by forces equipped with various missile and gun weapons systems. Statement of Work (SOW) 1.1. In addition to the design and production of an estimated 400 RPVTs annually, the SOW also required the successful offeror to provide extensive operational support services (e.g., flight operations, maintenance services, equipment security) and engineering services for the RPVT system.

The RFP, issued on October 31, 2002, contemplated the award of a fixed-price contract (with some cost reimbursement items) for a base year with four 1-year options. The solicitation identified the following evaluation factors and subfactors:


1. Technical


A. Design Approach

B. Production Approach

C. Engineering Services

D. Resources, Personnel Skills and Staffing

2. Operational


A. Operational Approach

B. Equipment Resourcing

C. Surge (Premium Hour) Operations

D. Resources, Personnel Skills and Staffing

3. Management


A. Organization

B. Resources

C. Personnel

4. Past Performance

5. Price


[1]






Factor

Griffon

Continental

Technical

Highly Satisfactory

Satisfactory


Operational

Highly Satisfactory

Satisfactory


Management

Highly Satisfactory

Satisfactory


Past Performance

Low Risk

Low Risk


Evaluated Price

$ 36,116,633

$ 30,058,203





[2] Id.





Id.









Id.

supra Id.

[3] supra [4] Id. Id.

Id.

supra



[5]

per se Shumaker Trucking and Excavating Contractors, Inc.

Compare Shumaker Trucking and Excavating Contractors, Inc. supra with Ready Transp., Inc.





supra





supra



[6]



ManTech Envtl. Research Servs. Corp. Boeing Sikorsky Aircraft Support

Intellectual Properties, Inc.














[1] Although not set forth in the RFP, the agency apparently established weights of 22.5 percent each for the technical, operational, past performance, and price factors, and a weight of 10 percent for the management factor. See Agency Report (AR), Tab U-1, Source Selection Decision, Aug. 15, 2003, at 8.
[2] The contracting officer was also the Source Selection Authority (SSA) under the subject procurement.
[3] In the initial source selection decision, the contracting officer noted Griffon's use of [deleted] technology for its IR source as one of Griffon's strengths. AR, Tab U-1, Source Selection Decision, Aug. 15, 2003, at 4.
[4] The solicitation required that each offeror's proposed RPVT include an IR enhancing device for use in both the tracking and live fire of heat-seeking weapon systems such as the Stinger missile system. The RFP required that an offeror's IR payload generate a minimum energy intensity of 15 watts per steradian while the aircraft was in flight at 100 miles per hour minimum. SOW 3.8.5. The RFP also stated the agency's desire that the minimum energy intensity be visible as close to 360 degrees around the aircraft as possible.
[5] Continental also takes issue with the agency's determination that it was not required to suspend performance of Griffon's contract pending the outcome of this protest on the ground that the statutory stay of performance set forth under the Competition in Contracting Act of 1984, 31 U.S.C. 3553 (2000), was not triggered. Because Continental's protest is denied, this issue is academic. Parmatic Filter Corp., B-285288.3, B-285288.4, Mar. 30, 2001, 2001 CPD 71 at 5 n.3.
[6] Continental does not challenge the underlying technical evaluation of its proposal in these areas. In fact, we would not consider such a challenge because the agency's technical evaluation was the subject of the first two protests filed by Continental and, as noted above, we found the protests to be without merit on these issues.

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