Data Management Services Joint Venture v. United States

78 Fed. Cl. 366, 2007 U.S. Claims LEXIS 306, 2007 WL 2791384
CourtUnited States Court of Federal Claims
DecidedSeptember 10, 2007
DocketNo. 07-597C
StatusPublished
Cited by20 cases

This text of 78 Fed. Cl. 366 (Data Management Services Joint Venture v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Data Management Services Joint Venture v. United States, 78 Fed. Cl. 366, 2007 U.S. Claims LEXIS 306, 2007 WL 2791384 (uscfc 2007).

Opinion

OPINION

BRUGGINK, Judge.

This is a post-award bid protest action for injunctive and declaratory relief or, alternatively, damages for bid preparation costs, brought by plaintiff Data Management Services Joint Venture (“Data Management”) against the United States, acting through the National Archives and Records Administration (“the agency” or “NARA”). Plaintiff objects to the agency’s evaluation of the quotation submitted by ALON, Inc., the awardee and defendant-intervenor, in response to Request for Quotes (“RFQ”) No. NAMA07-Q0004. Plaintiff seeks a declaratory judgment that the agency’s evaluation of ALON’s quote and subsequent award decision was arbitrary, capricious, and without a rational basis [368]*368because ALON’s quote was allegedly ineligible for award. Plaintiff also requests that, upon finding the evaluation and award decision improper, we enjoin NARA to terminate the task order awarded to ALON and, instead, award the task order to plaintiff.

Pending is plaintiffs motion for judgment on the administrative record pursuant to Rule 52.1 of the Rules of the United States Court of Federal Claims (“RCFC”), and defendant and intervenor’s cross-motions. The Administrative Record (“AR”) has been filed and the matter is fully briefed. Oral argument was heard on September 6, 2007. For the reasons set out below, we deny plaintiffs motion for judgment on the administrative record and request for a permanent injunction, and grant defendant’s cross-motion. BACKGROUND

On November 3, 2006, NARA issued RFQ No. NAMA-07-Q-0004 for the purpose of obtaining technical and administrative staff support for the existing Program Management Office (“PMO”) of the agency’s Electronic Records Archives (“ERA”) program. The ERA program is a significant and ongoing effort to develop a system capable of preserving “vast and growing quantities of electronic records of virtually any conceivable variety created anywhere in the Federal Government now and in the future.” AR at 98 (Tab 4). NARA implemented the ERA program because its existing electronic preservation capabilities and other commercially available capabilities were inadequate for the agency to accomplish its mission. The PMO is the office that manages the actual development of the ERA program by the prime system integrator. The RFQ was issued to address the agency’s continuing “need to supplement government personnel resources, expertise and skills by acquiring professional program and project management support” in the form of a Program Office Support Team (“POST”). Id. at 99 (Tab 4). The RFQ sought a new POST contract to replace the expiring contract for similar information technology (“IT”) services.

The RFQ’s Statement of Work (“SOW”) identified and provided a total of sixty-four labor categories for the personnel that would comprise the support team. Thirteen of these labor categories were considered “core” personnel, whose services would be ordered against contract line item number (“CLIN”) 0001.2 The core positions were:

1. Program Manager

2. Configuration Management Specialist

3. [Sr.] Risk Management Specialist

4. Administrative Assistant

5. Sr. Systems Engineer

6. Systems Engineer

7. Data Modeler

8. Sr. Systems Security Engineer (TS Clearance)

9. Senior Test Engineer
10. Facilities and Operations Specialist

11. Sr. Organizational Development Specialist

12. Sr. Training Specialist

13. Telecommunications Hardware Specialist

Id. at 193 (Tab 6). NARA agreed to order “up to thirteen core positions” under CLIN 0001 based on available funding. Id. at 194 (Tab 6). The remaining fifty-one labor categories were considered optional personnel, whose services would be ordered against CLIN 0002 in the event they were needed.

The agency intended to order services on a labor-hours basis for the subject labor categories against the equivalent labor categories that were listed and priced on an offeror’s General Seivices Administration (“GSA”) Federal Supply Schedule 70. Schedule 70 is a particular multiple award schedule under GSA’s Federal Supply Schedules (“FSS”) program that lists numerous vendors providing a variety of IT products and services to the government. A vendor’s IT seivices are listed for a period of time on Schedule 70 through individual schedule contracts with GSA. The labor categories offered by individual vendors are set forth in a price list [369]*369incorporated into each vendor’s schedule contract. The RFQ was issued to eleven such vendors with IT services listed on Schedule 70.

Offerors were required to match the sixty-four labor categories listed in the SOW with the offeror’s “equivalent” or corresponding labor categories listed in their respective schedule contracts. Id. at 147, 161 (Tab 4). This was necessary because there was no common use of labor categories between the agency’s RFQ and each vendor’s schedule list.

Offerors’ proposed equivalent labor categories were provided in a table of prices for each required labor category. In a series of questions and answers incorporated into the RFQ through Amendment 2, the contracting officer explained that “[a]ward will be made only against positions on the Offeror’s GSA Schedule.” Id. at 195 (Tab 5). While offerors had to have equivalent labor categories on their GSA schedule contracts to satisfy the requirement, offerors were encouraged to propose prices that were discounted from their schedule prices.

The RFQ instructed offerors to submit a quotation that consisted of two volumes. “Volume 1 Technical” consisted of a cover letter, slides that would be used during the offeror’s oral presentation, personnel data forms, letters of commitment from the proposed core personnel, and past performance information. “Volume 2 Price” consisted of the offeror’s table of prices and supporting data, GSA schedule contract, and financial statements.

Award of the subject task order was based on the “best overall value” to the agency. Id. at 167 (Tab 4). The best overall value in turn was based on an evaluation of the technical and price volumes in accordance with the stated evaluation factors and scheme:

The basis for award is best overall value to NARA In doing so, the Government may award to other than the lowest priced quotation or other than the highest technically rated quotation. The first factor, Achievement of Socioeconomic-Objectives, is significantly more important than the second factor, Personnel. The second factor, Personnel is significantly more important than the third factor, Understanding of the Work Statement. The third factor, Understanding of the Work Statement, is equal to the fourth factor, Past Performance. However, the technical evaluation factors, when combined, are significantly more important than price.

Id. The third technical factor, Understanding the Work Statement, was divided into two equal sub-factors: (a) Staff Management and (b) Corporate Experience. These sub-factors were evaluated based on an oral presentation to the agency.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Synergy Solutions, Inc. v. United States
133 Fed. Cl. 716 (Federal Claims, 2017)
Coast Professional, Inc. v. United States
828 F.3d 1349 (Federal Circuit, 2016)
Pricewaterhousecoopers Public Sector, LLP v. United States
126 Fed. Cl. 328 (Federal Claims, 2016)
Supreme Foodservice Gmbh v. United States
112 Fed. Cl. 402 (Federal Claims, 2013)
Chameleon Integrated Services, Inc. v. United States
111 Fed. Cl. 564 (Federal Claims, 2013)
Distributed Solutions, Inc. v. United States
106 Fed. Cl. 1 (Federal Claims, 2012)
CBY Design Builders v. United States
105 Fed. Cl. 303 (Federal Claims, 2012)
Akal Security, Inc. v. United States
103 Fed. Cl. 310 (Federal Claims, 2011)
Navarro Research & Engineering, Inc. v. United States
94 Fed. Cl. 224 (Federal Claims, 2010)
K-LAK Corp. v. United States
93 Fed. Cl. 749 (Federal Claims, 2010)
Unisys Corp. v. United States
89 Fed. Cl. 126 (Federal Claims, 2009)
Career Training Concepts, Inc. v. United States
83 Fed. Cl. 215 (Federal Claims, 2008)
Ezenia!, Inc. v. United States
80 Fed. Cl. 60 (Federal Claims, 2008)
Precision Images, LLC v. United States
79 Fed. Cl. 598 (Federal Claims, 2007)
Eracent, Inc. v. United States
79 Fed. Cl. 427 (Federal Claims, 2007)
Westech International, Inc. v. United States
79 Fed. Cl. 272 (Federal Claims, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
78 Fed. Cl. 366, 2007 U.S. Claims LEXIS 306, 2007 WL 2791384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/data-management-services-joint-venture-v-united-states-uscfc-2007.