Synergy Solutions, Inc.

B-413974.3 Jun 15, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Synergy Solutions, Inc., (Synergy) of Oak Ridge, Tennessee, a small business, protests the award of a contract by the Department of Energy, National Nuclear Security Administration, under request for proposals (RFP) No. DE-SOL-0006736 to TUVA, LLC, of Herndon, Virginia, for services in support of the Office of Personnel and Facility Clearances at Kirtland Air Force Base in Albuquerque, New Mexico. Synergy challenges the agency's evaluation under the cost and non-cost factors, and maintains that the agency failed to conduct meaningful and equal discussions. 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:  Synergy Solutions, Inc. File:  B-413974.3 Date:  June 15, 2017 Isaias Alba, IV, Esq., Kathryn V. Flood, Esq., Michelle E. Litteken, Esq., Julia Di Vito, Esq., and Marc B. Langston, Esq., Piliero Mazza PLLC, for the protester. Amy Laderberg O'Sullivan, Esq., Olivia L. Lynch, Esq., and Laura J. Mitchell Baker, Esq., Crowell & Moring LLP, for TUVA, LLC, the intervenor. William Mayers, Esq., Department of Energy, for the agency. Katherine I. Riback, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the agency's cost realism evaluation of the awardee's proposed costs was unreasonable is denied where the agency's evaluation was reasonable and supported by the record. 2.  Protest challenging portions of the agency's evaluation of proposals is dismissed as untimely where the protester could have and should have raised the protest grounds during the prior protest. 3.  Protest challenging agency's technical and past performance evaluation is denied, where the agency evaluated the proposals in accordance with the terms of the solicitation. DECISION Synergy Solutions, Inc., (Synergy) of Oak Ridge, Tennessee, a small business, protests the award of a contract by the Department of Energy, National Nuclear Security Administration, under request for proposals (RFP) No. DE-SOL-0006736 to TUVA, LLC, of Herndon, Virginia, for services in support of the Office of Personnel and Facility Clearances at Kirtland Air Force Base in Albuquerque, New Mexico.  Synergy challenges the agency's evaluation under the cost and non-cost factors, and maintains that the agency failed to conduct meaningful and equal discussions.  We deny the protest.  BACKGROUND The Department of Energy issued the RFP on February 25, 2015, as a small business set-aside to provide Office of Personnel Security and Facility Clearance (OPFC) support services for the National Nuclear Security Administration.  The solicitation anticipated award of a performance-based cost-plus-fixed-fee type contract, for a 3-year base performance period and a 2-year option period.  RFP at 251.  This RFP is to provide non-personal support services essential for the successful accomplishment of the OPFC responsibilities, including all personnel security program support.  Id. at 82.  The contractor will provide the expertise and perform all necessary services to ensure timely and effective administration, and completion of numerous Facility Clearance (FCL)/ Foreign Ownership, Control, or Influence (FOCI) adjudicative, clearance management and processing activities, actions, and products.  Id. at 83.  The solicitation provided for award on a best-value basis considering the following factors, in descending order of importance:  technical approach, staffing plan and program manager qualifications, corporate experience, past performance and cost.[1]  Id. at 78.  The RFP stated that the first four evaluation factors, when combined, were significantly more important than cost/price; but that cost/price would "contribute substantially" to the selection decision.  Id.  The solicitation further provided that cost/price was more likely to become a determining factor to the extent the offeror's technical proposals were "evaluated as close or similar in merit."  Id. With regard to technical approach, the solicitation provided that the agency would evaluate the offeror's understanding of the requirements, and the "completeness and feasibility" of the proposed technical approach to accomplish the following tasks listed in the performance based work statement (PBWS):  program management, processing, adjudication, facility clearance, and foreign ownership, control, or influence programs.  Id. at 67; 81-88.  The agency also stated that it would evaluate the extent to which the offeror's technical approach demonstrated a thorough understanding of any technical risks as well as the effectiveness of the offeror's approach to avoid or minimize those risks.  Id.