Federal Maintenance Logistics Solutions, LLC

B-412270.5 Nov 15, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Federal Maintenance Logistics Solutions (FMLS), LLC, of Greenville, South Carolina, protests the issuance of a task order to AC First, LLC, of Fort Worth, Texas, under request for proposals (RFP) No. W52P1J-15-R-0004, by the Department of the Army, Army Material Command, Rock Island, for contract services to provide logistics support services in Afghanistan. The protester challenges the Army's evaluation of its cost proposal, and the awardee's past performance. We deny the protest. We deny the protest. View Decision 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:  Federal Maintenance Logistics Solutions, LLC File:  B-412270.5 Date:  November 15, 2016 Todd Steggerda, Esq., Ronald L. Fouse, Esq., Christian B. Nagel, Esq., and James J. Holt, Esq., McGuire Woods LLP, for the protester. Richard B. O’Keeffe, Jr., Esq., William A. Roberts, III, Esq., Gary S. Ward, Esq., and Moshe B. Broder, Esq., Wiley Rein LLP, for AC First, LLC, the intervenor. Kristina S. Wiercinski, Esq., and Richard M. Murphy, Esq., Department of the Army, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the agency’s evaluation of the protester’s proposed costs failed to comply with the solicitation’s stated evaluation criteria is denied where the record reflects that the agency’s evaluation of the protester’s proposal was consistent with the terms of the solicitation. 2.  Protest challenging the agency’s evaluation of the awardee’s past performance is denied where the source selection authority’s independent evaluation was reasonable, adequately documented, and consistent with the stated evaluation criteria. DECISION Federal Maintenance Logistics Solutions (FMLS), LLC, of Greenville, South Carolina, protests the issuance of a task order to AC First, LLC, of Fort Worth, Texas, under request for proposals (RFP) No. W52P1J-15-R-0004, by the Department of the Army, Army Material Command, Rock Island, for contract services to provide logistics support services in Afghanistan.  The protester challenges the Army’s evaluation of its cost proposal, and the awardee’s past performance. We deny the protest. BACKGROUND In May 2015, the Army issued the RFP to contractors holding Enhanced Army Global Logistics Enterprise (EAGLE) basic ordering agreements (BOA).  The solicitation sought proposals to provide logistic support services in Afghanistan.  The solicitation contemplated a single best-value award of a combined cost‑plus‑fixed-fee, and cost-no-fee-bearing task order, for a base year with four 1‑year options.  The RFP established the following evaluation factors:  technical, past performance, and cost/price.[1]  The technical factor was evaluated on an acceptable/unacceptable basis.  The solicitation provided that proposals must receive a rating of at least acceptable for the technical factor to be considered for award.  RFP at 25. As relevant here, the solicitation’s statement of work (SOW) explained that the contractor would be required to provide the appropriate amount of qualified labor and management to perform all logistics support services ordered under the task order in a cost effective, safe and environmentally-sound manner.  SOW at 2.  In defining the type of staffing and labor mix permitted, the solicitation specified that “only full time employees are to be proposed against this effort.”  RFP at 10.  The solicitation further provided definitions relating to the staffing and labor permitted under the solicitation.  For example, the RFP defined “expat” to mean a “[c]ontractor employee that has evidence of U.S. citizenship” and “is currently eligible to work on the Outside [of] the Continental United States (OCONUS) U.S. installation.”  Id.  The RFP defined “foreign national” to mean:  “Any person other than a U.S. citizen, U.S. permanent or temporary legal resident alien, or person in U.S. custody; however, this shall not include Local Nationals (LNs) with citizenship in Afghanistan.”  Id. Under the past performance factor, the agency evaluated past performance “as a predictor of future contract performance,” and assessed the “degree of confidence it [had] in the expectation that the Offeror will successfully complete the requirements in accordance with the contract terms based on the Offeror’s demonstrated record of recent and relevant performance.”  Id.