Leidos Innovations Corporation

B-414289.2 Jun 06, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Leidos Innovations Corporation, of Marlton, New Jersey, challenges the issuance of a task order to Adams Communication and Engineering Technology, Inc., of Waldorf, Maryland, by the Department of the Army, U.S. Army Contracting Command, Aberdeen Proving Ground, under request for task order execution plan (RTEP) No. R2-3G-0871, for operational and sustainment logistics support services for the U.S. Special Operations Command's Tactical Airborne Multi-Sensor Platform (STAMP). Leidos maintains that the agency unreasonably found the firm nonresponsible, and argues that the agency should have conducted discussions or other exchanges regarding the responsibility determination. 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:  Leidos Innovations Corporation File:  B-414289.2 Date:  June 6, 2017 Jerald S. Howe, Jr., Esq., James J. McCullough, Esq.,  Michael J. Anstett, Esq., Webster M. Beary, Esq., and Anayansi Rodriquez, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the protester. Katherine S. Nucci, Esq., and Scott F. Lane, Esq., Thompson Coburn LLP, for Adams Communication & Engineering Technology, Inc., the intervenor. George P. Farley, Esq., Wade L. Brown, Esq., and Justin Wilde, Esq., Department of the Army, for the agency. K. Nicole Willems, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably found a firm nonresponsible because its subcontractor was ineligible for access to bases where the contract was to be performed is denied where the record shows that the agency reasonably based its determination on available information, including classified materials that could not be disclosed to the protester but were reviewed by our Office. DECISION Leidos Innovations Corporation, of Marlton, New Jersey, challenges the issuance of a task order to Adams Communication and Engineering Technology, Inc., of Waldorf, Maryland, by the Department of the Army, U.S. Army Contracting Command, Aberdeen Proving Ground, under request for task order execution plan (RTEP) No. R2-3G-0871, for operational and sustainment logistics support services for the U.S. Special Operations Command’s Tactical Airborne Multi-Sensor Platform (STAMP).  Leidos maintains that the agency unreasonably found the firm nonresponsible, and argues that the agency should have conducted discussions or other exchanges regarding the responsibility determination. We deny the protest. BACKGROUND The RTEP, issued on February 4, 2016, to firms holding indefinite-delivery, indefinite-quantity (IDIQ) awards under the Army's Rapid Response Third Generation (R2-3G) contract, sought to provide various logistics support services for the STAMP program, including training, primary mission equipment operations, maintenance and sustainment, system integration and installation, engineering services and system deployment, and relocation and demobilization support.  RTEP at 1.  The RTEP contemplated the issuance of a hybrid cost-plus-fixed-fee task order for a 1-year base period and two 1‑year option periods, on a best-value basis, considering technical, cost, past performance, and property management plan factors.  Id. at 1-2. As relevant here, the RTEP advised offerors that performance would take place at the contractor’s facilities or at government facilities or both, within and outside of the United States, and could include operating in remote, primitive, or austere environments.  Id. at 1.  The performance work statement (PWS) accompanying the RTEP also informed offerors that contractors were subject to certain Defense Federal Acquisition Regulation Supplement clauses, including provisions that allowed the Combatant Commander for the U.S. Central Command (USCENTCOM) Area of Responsibility (AOR) to exercise oversight to ensure compliance with Combatant Commander and subordinate task force commander policies and directives.  AR, Tab 5, PWS, at 51.    The RTEP also advised that the government intended to evaluate proposals and issue a task order without discussions, although the agency reserved the right to conduct discussions if deemed necessary by the contracting officer (CO).  RTEP at 6.  Of importance here, the RTEP informed offerors that the CO would make a responsibility determination prior to award.  Id.