Patriot Taxiway Industries, Inc. v. United States

98 Fed. Cl. 575, 2011 WL 1740415
CourtUnited States Court of Federal Claims
DecidedMay 4, 2011
DocketNo. 11-124C
StatusPublished
Cited by15 cases

This text of 98 Fed. Cl. 575 (Patriot Taxiway Industries, Inc. 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
Patriot Taxiway Industries, Inc. v. United States, 98 Fed. Cl. 575, 2011 WL 1740415 (uscfc 2011).

Opinion

OPINION AND ORDER

WILLIAMS, Judge.

In this post-award bid protest, Patriot Taxiway Industries, Inc. (“Patriot”) protests the award of a contract by the Department of the Air Force (“Air Force”) to Tactical Lighting Systems, Inc. (“Tactical”), pursuant to Request for Proposals (“RFP”) No. FA8533-10-R-25009. The RFP contemplat[577]*577ed a contract for the design, testing, development, and production of a portable airfield lighting system. Patriot claims that the Air Force improperly evaluated Tactical’s and Patriot’s past and present performance information by improperly aggregating contracts, considering future performance, not properly documenting its determination of performance confidence assessment ratings, and treating Patriot and Tactical unequally. Plaintiff also alleges that the Air Force failed to conduct a proper price reasonableness analysis and engaged in misleading discussions with Patriot regarding pricing. As such, Patriot seeks a reevaluation of the technically acceptable proposals.

Upon consideration of the Administrative Record (“AR”) and the motion papers, the Court concludes that Patriot has not proven that the Air Force committed a prejudicial violation of law or deprived Patriot of a fair opportunity to compete for the contract. As such, Defendant’s and Tactical’s motions for judgment on the AR are granted, and Patriot’s motion for a permanent injunction is denied.

Findings of Fact 2 ,

The Solicitation

The Air Force issued the RFP on March 2, 2010, as a small business set-aside. AR 9, 12. Amendments to the RFP were issued throughout March and April of 2010. The solicitation contemplated the design and production of a portable airfield lighting system known as Expeditionary Airfield Lighting Systems II (“EALS II”), which provides visual cues necessary for incoming aircraft to approach, land, and maneuver at night or in low-visibility conditions. The Air Force anticipated the award of a firm fixed-price, indefinite-delivery, requirements-type contract for a two-year base term and four one-year options. AR 14, 414-15. The Air Force estimated the total contract value to be $44.1 million and envisioned that 24,428 airfield light fixtures would be delivered under the contract.

The procurement was conducted as a “Technically Acceptable — Performance— Price Tradeoff’ best-value source selection procedure. The RFP explained the source selection procedure as follows:

(a) This acquisition will utilize the Technically Acceptable Performance-Price Tradeoff (TA-PPT) source selection procedure to make an integrated assessment for a best value award decision. A decision on the technical acceptability of each offeror’s proposal will be made. For those offerors who are determined to be technically acceptable, tradeoffs will be made between past and present performance and price. Past and present performance is considered significantly more important than price though price remains an important consideration in the best value award decision.
(b) While the Government will strive for maximum objectivity, the tradeoff process, by its nature, is subjective; therefore, professional judgment is implicit throughout the selection process .... Award will be made to one responsible offeror whose proposal conforms to all solicitation requirements ... and provides the best value to the Government....

AR 80; see also AR 369, 468. Under this process, the Air Force first evaluated proposals for technical acceptability and then conducted a best value tradeoff analysis of the technically acceptable proposals based on past and present performance and price. AR 468.

To assist the Air Force in evaluating past and present performance, each offeror was to submit a FACTS Sheet, describing three “active or completed [contracts] (with preferably at least one year of performance history)” within the past six years that the offeror considered to be relevant in demonstrating its ability to perform the EALS II contract. AR 78-80, 412. Each offeror was also required to submit the same type of past and present performance information for its “critical subcontractor,” defined as an entity that would be responsible for performing at least 25 percent of the production of light fixtures. See AR 367, 370.

[578]*578The RFP explained that the Air Force would consider “[t]he recency and relevancy of the [past and present performance] information, the source of the information, context of the data, and general trends in the contractor’s performance.” AR 81, 370. Based on its assessment, which would include analyzing the degree to which the effort involved the same “magnitude of work and complexities” as the EALS II contract, the Air Force would assign each proposal a rating of “very relevant,” “relevant,” “somewhat relevant,” or “not relevant.” AR 81-82. The RFP made clear that the “ ‘magnitude of effort and complexities’ ... denote[d] not only technical features and characteristics but also programmatic and logistical considerations, including but not limited to quantities produced, dollar values, type of contract, length of effort, testing requirements, type and complexity of data contractually required of the offeror, etc.” AR 82.

The RFP defined each relevancy rating as follows:

RELEVANCY RATING_DEFINITION_
VERY RELEVANT A present and/or past performance effort that involved the production, testing, and installation of no less than 200 Light Emitting Diode (LED) fixtures in a commercial or military airfield, and such effort involved essentially the same magnitude of work and complexities that this solicitation requires.
RELEVANT A present and/or past performance effort that involved the production and installation of no less than 100 LED or incandescent light fixtures in a commercial or military airfield or marine navigation application, and such effort involved much of the magnitude of work and complexities that this solicitation requires.
SOMEWHAT RELEVANT A present and/or past performance effort that involved the production and installation of no less than 100 LED or incandescent light fixtures or other type [of] light fixtures powered by alternate energy sources including but not limited to solar, fuel cells, and wind in a commercial or military airfield, marine navigation, or industrial complex, and such efforts involved some of the magnitude of work and complexities that this solicitation requires.
NOT RELEVANT Present and/or past performance efforts did not involve any of the magnitude of effort and complexities [that] this solicitation requires.

AR 81-82.

For the purpose of evaluating the relevancy of past and present efforts, the RFP permitted the Air Force to aggregate contracts. AR 82. Specifically, the RFP stated:

The Government may consider an offeror’s contracts in the aggregate in determining relevancy should the offeror’s present and past performance lend itself to this approach. That is, an offeror’s three contracts may by definition represent only a rating less than very relevant when each contract is considered as a stand-alone effort. However, when these contracts are performed concurrently (in whole or in part) and are assessed in the aggregate, the work may more accurately reflect a higher relevancy rating.

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Bluebook (online)
98 Fed. Cl. 575, 2011 WL 1740415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patriot-taxiway-industries-inc-v-united-states-uscfc-2011.