Lovelace Scientific and Technical Services

B-412345 Jan 19, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Lovelace Scientific and Technical Services, located in Albuquerque, New Mexico, protests the award of a contract to Battelle National Biodefense Institute (BNBI), located in Columbus, Ohio, under request for proposals (RFP) No. HSHQDC-15-R-00050, issued by the Department of Homeland Security (DHS), for the operation and management of DHS's National Biodefense Analysis and Countermeasures Center (NBACC), located in Frederick, Maryland. Lovelace argues that the agency unreasonably evaluated its proposal and failed to mitigate an apparent organizational conflict of interest. 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:  Lovelace Scientific and Technical Services File:  B-412345 Date:  January 19, 2016 Angeline R. Burke, Esq., Christine Funk, Esq., Ann Mayhew Golski, Esq., and Jerry A. Miles, Esq., Deale Services, LLC, for the protester. Kenneth B. Weckstein, Esq., Pamela A. Reynolds, Esq., and Aiden J. Delgado, Esq., Brown Rudnick LLP, for Battelle National Biodefense Institute, the intervenor. Robert M. Webb, Esq., Department of Homeland Security, for the agency. K. Nicole Willems, Esq., and Jennifer Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that agency improperly evaluated protester’s technical proposal is denied where proposal ratings are supported by the record and consistent with the solicitation. 2.  Protest that awardee has unequal access to information type organizational conflict of interest is denied where record reflects that any advantage arising from awardee’s prior contract performance was normally occurring incumbent advantage, and the agency did not give the incumbent preferential treatment.  DECISION Lovelace Scientific and Technical Services, located in Albuquerque, New Mexico, protests the award of a contract to Battelle National Biodefense Institute (BNBI), located in Columbus, Ohio, under request for proposals (RFP) No. HSHQDC‑15‑R‑00050, issued by the Department of Homeland Security (DHS), for the operation and management of DHS’s National Biodefense Analysis and Countermeasures Center (NBACC), located in Frederick, Maryland.  Lovelace argues that the agency unreasonably evaluated its proposal and failed to mitigate an apparent organizational conflict of interest. We deny the protest. BACKGROUND The RFP was issued on March 16, 2015, and contemplated the award of a cost‑reimbursement hybrid contract, consisting of cost-plus-fixed-fee and cost‑plus‑award-fee line items, for the operation and management of the NBACC, which is a Federally Funded Research and Development Center.[1]  The NBACC was established to develop technologies, products, and capabilities to support DHS in fulfilling its mandates with respect to countering terrorist attacks and other major disasters involving human biological agents.  Contracting Officer’s (CO’s) Statement at 2. Award was to be made on the basis of a best-value tradeoff selection, considering the following five factors: (1) management and technical approach; (2) past performance; (3) small business participation; (4) earned value management system approach; and (5) cost/price.  RFP at M-4.  The five evaluation factors were listed in descending order of importance.  Id.