Harkcon Inc.

B-412936.2 Mar 30, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Harkcon Inc., of Fredericksburg, Virginia, protests the award of a contract to Metris, LLC, of Gilbert, Arizona, under request for proposals (RFP) No. HSCG23-15-PFC999, issued by the Department of Homeland Security, United States Coast Guard (USCG), for training support services to be performed at Coast Guard training centers and support units throughout the country. Harkcon alleges that the agency unreasonably failed to analyze an alleged organizational conflict of interest (OCI) on the part of the awardee and consider a violation by the awardee of the Procurement Integrity Act (PIA). Harkcon also alleges that the agency failed to evaluate its technical proposal reasonably. 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 version, with no redactions, has been approved for public release. Decision Matter of:  Harkcon Inc. File:  B-412936.2 Date:  March 30, 2017 Richard S. Toikka, Esq., Russell O. Paige, Esq., and Rachel L.T. Rodriguez., Esq., Farkas & Toikka, LLP, for the protester. Otto S. Shill, III, Esq., and Eric D. Gere, Esq., Jennings, Strouss & Salmon, PLC, for Metris, LLC, an intervenor. William H. Butterfield, Esq., United States Coast Guard, for the agency. K. Nicole Willems, Esq., and Scott H. Riback, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that agency failed to give adequate consideration to awardee’s alleged organizational conflict of interest is denied where record shows the agency carefully investigated whether the awardee had an organizational conflict of interest and concluded that none existed. 2.  Protest that agency’s technical evaluation was unreasonable is denied where record shows that the agency’s evaluation was reasonable and consistent with the solicitation and applicable statutes and regulations. DECISION Harkcon Inc., of Fredericksburg, Virginia, protests the award of a contract to Metris, LLC, of Gilbert, Arizona, under request for proposals (RFP) No. HSCG23-15‑PFC999, issued by the Department of Homeland Security, United States Coast Guard (USCG), for training support services to be performed at Coast Guard training centers and support units throughout the country.  Harkcon alleges that the agency unreasonably failed to analyze an alleged organizational conflict of interest (OCI) on the part of the awardee and consider a violation by the awardee of the Procurement Integrity Act (PIA).  Harkcon also alleges that the agency failed to evaluate its technical proposal reasonably. We deny the protest. BACKGROUND The procurement at issue in this protest is known as the Training and Analysis Support Services (TASS) procurement, which is distinct from the predecessor contract known as the Training and Technical Support Services (TTSS) contract.  The RFP contemplates the award of a fixed-price indefinite-delivery, indefinite-quantity contract with a five-year ordering period.  RFP at 2.  The solicitation provided for award on a best-value basis, considering technical and management approach, past performance, and price. [1]  RFP at 60-61.  The RFP identified five subfactors for the technical and management approach factor and advised offerors that the subfactors were approximately equal in weight.  RFP at 60.  The RFP advised that the non-price factors, when combined, were significantly more important than price, but also advised that, as the proposals were found to be closer in merit under the non-price evaluation factors, price could become more important for source selection purposes.  RFP, Amend. No. 5, at 2. The agency received several proposals, including Harkcon’s and Metris’s, in response to the solicitation.  The agency evaluated the proposals and assigned the following ratings: Evaluation Criteria Harkcon Metris Technical and Management Approach Marginal/Moderate Risk Good/Low Risk Past Performance Exceptional Very Good Total Evaluated Price $84,867,584.70 $83,685,123.11 AR, exh. I, Award Memorandum at 12. On the basis of these evaluation results, the agency made award to Metris without conducting discussions.  AR, exh. I, Award Memorandum at 43.  Harkcon received a debriefing on March 28, and filed a protest with our Office on April 1 alleging, among other things, that Metris had an impermissible OCI, and was in violation of the PIA.  We dismissed Harkcon’s protest on April 21 as a result of the agency’s decision to conduct an investigation into these allegations.