Davis Strategic Innovations, Inc.

B-413305 Sep 26, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Davis Strategic Innovations, Inc. (DSI), of Huntsville, Alabama, protests the award of a contract to MECx, Inc., of Houston, Texas, under request for proposals (RFP) No. NND15538677R, issued by the National Aeronautics and Space Administration (NASA) for safety and environmental support services for the Armstrong Flight Research Center at Edwards Air Force Base (AFB), California. DSI contends that NASA's past performance evaluation and selection decision were based on the agency's improper consideration of the incumbent contract performed by a different entity. We deny the protest. We deny the protest. View Decision Decision Matter of:  Davis Strategic Innovations, Inc. File:  B-413305 Date:  September 26, 2016 Jim A. Davis, for the protester. Victoria H. Kauffman, Esq., Richard J. McCarthy, Esq., and Alex M. Ray, Esq., National Aeronautics and Space Administration, for the agency. Pedro E. Briones, Esq., Noah B. Bleicher, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of the agency’s consideration of past performance of the incumbent contract in evaluating the awardee’s proposal is denied where the solicitation specifically permitted consideration of past performance by an offeror’s predecessor companies. DECISION Davis Strategic Innovations, Inc. (DSI), of Huntsville, Alabama, protests the award of a contract to MECx, Inc., of Houston, Texas, under request for proposals (RFP) No. NND15538677R, issued by the National Aeronautics and Space Administration (NASA) for safety and environmental support services for the Armstrong Flight Research Center at Edwards Air Force Base (AFB), California.  DSI contends that NASA’s past performance evaluation and selection decision were based on the agency’s improper consideration of the incumbent contract performed by a different entity. We deny the protest. BACKGROUND The RFP was issued on July 7, 2015, as a set‑aside for service‑disabled veteran‑owned small businesses (SDVOSB), and provided for the award of a fixed‑price, indefinite‑quantity, indefinite‑delivery (IDIQ) contract for a base year, four option years, and a final 6‑month option period, with a fixed‑price purchase order for a 1‑month phase‑in period.  RFP at 3, 11, 27, 34.[1]  The solicitation stated that award would be based on a best‑value tradeoff considering three evaluation factors (mission suitability, past performance, and price) and instructed offerors to submit separate proposal volumes for each factor.  Id. at 24, 29, 34. With respect to the past performance evaluation factor, offerors were to identify five current or past contracts performed within the last 3 years, describe the contract’s relevance and similarity to the tasks in the RFP’s performance work statement (PWS), and provide a client questionnaire for each contract.  Id. at 28.  The RFP stated that past performance would be evaluated in accordance with section 15.305(a)(2) of the Federal Acquisition Regulation (FAR), which directs agencies to take into account past performance information regarding predecessor companies, key personnel, and major subcontractors when the information is relevant to an acquisition.  Id. at 32; FAR § 15.305(a)(2)(iii).  The RFP provided for a multi‑step process for evaluating and rating the relevance, quality, and overall confidence in the offeror’s ability to perform the requirement based on the offeror’s performance record.  See RFP at 31‑34. NASA received proposals from 12 offerors, conducted discussions, and requested final proposal revisions (FPR) from offerors in the competitive range, including DSI and MECx, Inc.  See Agency Report (AR), Tab 6, Source Selection Decision (SSD), at 108‑14.  MECx, Inc.’s proposal cited as past performance the incumbent IDIQ contract, which, at issue here, was largely performed by MECx, LP (a limited partnership), but was transferred to MECx, Inc., by a contract novation agreement executed with NASA.[2]  As described below, NASA’s source selection authority (SSA) for the procurement selected MECx, Inc.’s proposal for award based, in part, on the offeror’s “very relevant” past performance as the incumbent.  AR, Tab 6, SSD, at 123. On May 25, 2016, NASA awarded the contract to MECx, Inc., for $14,044,408, and this protest followed.  Protest, attach.