APRO International

B-415149.2 Nov 29, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights APRO International, of Vienna, Virginia, protests the terms of request for proposals (RFP) No. W15QKN-17-R-1051, issued by the Department of the Army for tactical water distribution system and water storage and distribution systems training. APRO, the incumbent contractor, argues that the terms of the solicitation are unduly restrictive of competition and reflect an agency bias against the firm. 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:  APRO International File:  B-415149.2 Date:  November 29, 2017 John J. O'Brien, Esq., and Daniel J. Strouse, Esq., Cohen Mohr LLP, for the protester. Debra J. Talley, Esq., and Kenneth C. Gilliland, Esq., Department of the Army, for the agency. Joshua R. Gillerman, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the terms of the solicitation as being unduly restrictive of competition is denied where the record shows that the terms of the solicitation were reasonably necessary to meet the agency’s needs. DECISION APRO International, of Vienna, Virginia, protests the terms of request for proposals (RFP) No. W15QKN-17-R-1051, issued by the Department of the Army for tactical water distribution system and water storage and distribution systems training.  APRO, the incumbent contractor, argues that the terms of the solicitation are unduly restrictive of competition and reflect an agency bias against the firm. We deny the protest. BACKGROUND The RFP, issued on June 30, 2017, as a small business set-aside, contemplated the award of a contract with fixed-price and cost-reimbursable contract line item numbers for a 1-year base period and two 1-year option periods.  Agency Report (AR), Tab 8, RFP at 1-3.  The RFP sought the provision of all equipment, supplies, facilities, and non-personnel services necessary to train water purification teams in the operation of tactical water distribution systems and water storage and distribution systems.  Performance Work Statement (PWS) at §1.1.  Award was to be made to the lowest-priced, technically acceptable (LPTA) offeror, considering two factors: technical/mission capability and price.  RFP, Evaluation Factors for Award, §1.1. The technical/mission capability factor was comprised of two subfactors:  technical approach and management approach.  Id. at § 2.1.  To be considered technically acceptable overall, offerors needed to receive an acceptable rating for each subfactor.  Id. at § 1.1.  The agency was to assign a rating of acceptable or unacceptable for each subfactor based on the offeror’s ability to demonstrate an understanding of the requirements for all task areas described in the PWS.  Id. at § 2.2.  Additionally, in response to the price factor, offerors were required to complete a labor category matrix as part of their price proposal submissions.  Id. at § 1.1. On August 22, the agency issued RFP Amendment 0003, which clarified that an “acquired degree” under the qualification tab of the labor category matrix could be a bachelor’s degree earned at a 4-year institution or an associate’s degree at a 2-year institution.  AR, Tab 12, RFP amend. 0003 at 1.  The amendment provided that all fields of study were acceptable to satisfy the degree requirement.  Id. On August 24, APRO protested the terms of the RFP on the grounds that they were ambiguous and contained unduly restrictive specifications.  APRO Protest, B-415149, at 9.  Relevant to the instant protest, APRO alleged that the requirement for the program manager to have a bachelor’s or associate’s degree “in any field” was irrational and not reasonably related to the agency’s minimum needs.  Id.  In response to the protest, the agency stated that it would take corrective action by re-examining its requirements, amending the solicitation to eliminate ambiguities and accurately reflect its needs, and allowing offerors to submit revised proposals.  Notice of Corrective Action, B-415149, at 1.  Our Office then dismissed APRO’s protest as academic.  On September 12, the agency issued RFP Amendment 0004, which clarified the personnel duty descriptions contained in the PWS, including amending the required qualifications for the program manager.  AR, Tab 14, RFP amend. 0004; PWS § 1.6.11.2.1.  The amendment required that the program manager have a bachelor’s degree and a minimum of 10 years of demonstrated technical experience in water purification training, water operations, and knowledge of water force structures and systems.  Id.