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2020 U.S. Comp. Gen. LEXIS 249

Comptroller General of the United States

July 31, 2020

B-418500.2, B-418500.3, B-418500.4, B-418500.5

Opinion

DECISION

Solers Inc., [*2]  a Peraton Company, of Arlington, Virginia, protests the issuance of a task order to Booz Allen Hamilton Inc., of McLean, Virginia, under request for proposals (RFP) No. 831812879, issued by the Defense Information Systems Agency (DISA), for support services for DISA's Development and Business Center, Business Cyber Development Directorate. The protester contends that the Booz Allen proposal contains an unmitigated organizational conflict of interest (OCI) and should have been deemed ineligible for award. The protester also contends that the agency's evaluation is unreasonable and disparate, and as a result, the selection decision is flawed.

We deny the protest.

BACKGROUND

The RFP was issued on September 4, 2019, pursuant to Federal Acquisition Regulation (FAR) part 16 procedures, to all large business holders of ENCORE III indefinite-delivery, indefinite-quantity (IDIQ) contracts. 1 Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 3. The RFP contemplated award of a fixed-price task order with a 1-year base period and four 1-year option periods. Agency Report (AR), Tab 1, RFP at 1. 2 The task order requires the contractor to support the development and sustainment of the Defense [*3]  Industrial Base (DIB) Network (DIBNet), a web-based tool used to streamline and automate program activities, and to communicate cyber threat information to, and collaborate with, DIB participants in a secure environment. AR, Tab 1a, Performance Work Statement (PWS) at 1-2.

Proposals were to be evaluated under the following factors: technical/management approach and price. The technical/management approach factor included the following subfactors, which were equal in importance: requirements development and management (PWS 6.2.1); DIBNet architecture (PWS 6.2.2.1); DIBNet engineering (PWS 6.2.2.3); and task order management (PWS 6.1.2). RFP at 4-5. The RFP stated that award would be [*4]  made on the basis of a best-value tradeoff, where the technical/management approach factor was approximately equal in importance to the price factor. Id. at 4. In addition, the RFP informed offerors that VISTA Technology Services Inc., would provide non-government personnel to be used as advisors on the evaluation team, and that such personnel would have access to all aspects of the proposals. Id. at 3-4.

The agency received four proposals in response to the RFP. COS/MOL at 14. The agency evaluated technical/management proposals to identify deficiencies, risks, uncertainties, strengths, and weaknesses under each technical/management subfactor and assigned the following ratings, listed from highest to lowest: outstanding, good, acceptable, marginal, and unacceptable. AR, Tab 1f, RFP attach. 6, Evaluation Tables at 1. Each offeror's proposed price was evaluated for reasonableness and completeness, and the total evaluated price consisted of the proposed price for the base and all option periods, the 6-month option period pursuant to FAR clause 52.217-8, and surge pricing. RFP at 5.

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2020 U.S. Comp. Gen. LEXIS 249 *

Matter of: Solers Inc., a Peraton Company

CORE TERMS

protester, offerors, procurement, advisors, team, non-government, personnel, subfactor, Recommendation, architecture, contractor, disparate, impaired, unequal, solicitation, re-evaluation, subcontractor, best-value, automated, mitigate, tradeoff