Thomas Solutions, Inc.

Case: B-415311 Agency: Department of Defense : Department of the Army Protester: Thomas Solutions, Inc. Date: 2018-12-10 Denied
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B-415311.4 Nov 29, 2018 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Seventh Dimension, LLC, a service-disabled veteran-owned small business (SDVOSB), located in Mocksville, North Carolina, protests the award of a contract to SOLKOA Inc., a SDVOSB located in Colorado Springs, Colorado, issued by the Department of the Army pursuant to request for proposals (RFP) No. W9124G-17-R-0001 for full spectrum survival, evasion, resistance, and escape (SERE) level C instruction and instructional support services. The protester contends the agency failed to reasonably evaluate Seventh Dimension's key personnel resumes and alleges that the agency failed to fully mitigate potential conflict of interests uncovered during the agency's investigation. We deny the protest. We deny the protest. View Decision Decision Matter of:  Seventh Dimension, LLC File:  B-415311.4 Date:  November 29, 2018 Jason Clark, Seventh Dimension, LLC, for the protester. Major Adam Kama and Scott N. Flesch, Esq., Department of the Army, for the agency. Nora K. Adkins, Esq. and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging agency’s evaluation of protester’s key personnel resumes is denied where the evaluation was reasonable and in accordance with the solicitation criteria. 2.  Protest challenging agency’s resolution of potential conflict of interests is denied where the agency adequately mitigated the potential conflict of interests uncovered during the agency’s investigation. DECISION Seventh Dimension, LLC, a service-disabled veteran-owned small business (SDVOSB), located in Mocksville, North Carolina, protests the award of a contract to SOLKOA Inc., a SDVOSB located in Colorado Springs, Colorado, issued by the Department of the Army pursuant to request for proposals (RFP) No. W9124G-17-R-0001 for full spectrum survival, evasion, resistance, and escape (SERE) level C instruction and instructional support services.  The protester contends the agency failed to reasonably evaluate Seventh Dimension’s key personnel resumes and alleges that the agency failed to fully mitigate potential conflict of interests uncovered during the agency’s investigation.[1] We deny the protest. BACKGROUND On June 27, 2017, the Army issued the RFP as a SDVOSB set-aside pursuant to the procedures of Federal Acquisition Regulation (FAR) part 15.  RFP at 1, 92, 103.  The solicitation contemplated the award of a fixed-price contract on a best-value tradeoff basis considering the following evaluation factors:  technical approach (management approach, staffing approach, and subject matter/technical expertise); past performance; and price.  Id. at 21, 103-104. The agency received multiple proposals, including one from Seventh Dimension, by the July 27 closing date.  The agency evaluated the proposals and established a competitive range.  On September 13, Seventh Dimension received notice of its exclusion from the competitive range.  Protest, Exh. 1, Competitive Range Exclusion Notice, at 1.  Thereafter, Seventh Dimension filed a bid protest with our Office challenging the agency’s evaluation of its proposal and the competitive range determination.  Protests, Exh. 2, Seventh Dimension Protest (Sept. 25, 2017), at 1-5.  The protest also alleged personal and organizational conflict of interests.  Id. On October 17, the agency informed our Office of its intent to take corrective action.  Agency Report (AR), Tab 5, Corrective Action Notice (Oct. 17, 2017), at 1.  The agency’s notice provided that the agency would investigate the allegations of personal and organizational conflicts of interest, and “[a]fter the conclusion of this investigation, [] re-visit the acquisition and the evaluation and decide if new evaluations or additional action is warranted[, which would include] revisiting which offerors will be allowed into the competitive range.”  AR, Tab 6, Contracting Officer Corrective Action Statement (Oct. 17, 2017), at 1.  Our Office dismissed the protest as academic on October 23.  Seventh Dimension, LLC, B-415311.2, B-415311.3, Oct.

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