AlliantCorps, LLC

B-415744.2 Apr 04, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AlliantCorps, LLC (Alliant) protests the corrective action taken by the Department of the Navy, Naval Air Systems Command, in response to Alliant's earlier protest of the award of task order No. N61340-18-F-0018 to DKW Communications, Inc. (DKW), of Washington, District of Columbia, which was issued under the General Services Administration Alliant Small Business Governmentwide Acquisition Contract and sought software maintenance services for naval pilot training simulation systems. Here, Alliant alleges that DKW, the prior awardee and a current competitor, improperly received Alliant's bid and proposal information, resulting in a violation of the Procurement Integrity Act. In addition, the protester asserts that the agency failed to conduct meaningful discussions as part of the corrective action. We dismiss the protest. We dismiss 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:  AlliantCorps, LLC File:  B-415744.2 Date:  April 4, 2018 Jeffery M. Chiow, Esq., Neil H. O’Donnell, Esq., Stephen L. Bacon, Esq., and Lucas T. Hanback, Esq., Rogers Joseph O’Donnell, PC, for the protester. Jennifer S. Zucker, Esq., and Danielle K. Muenzfeld, Esq., Greenberg Traurig, LLP, for DKW Communications, Inc., the intervenor.  R. Montana Erickson, Esq., and Michael L. Torres, Esq., Department of the Navy, for the agency. Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest alleging a violation of the Procurement Integrity Act is dismissed, where the protest fails to describe a sufficient factual basis for the alleged violation. 2.  Protest that the agency should consider certain past performance despite the terms of the solicitation is an untimely challenge to the terms of the solicitation; similarly, entering into discussions with offerors does not preempt the solicitation terms. DECISION AlliantCorps, LLC[1] (Alliant) protests the corrective action taken by the Department of the Navy, Naval Air Systems Command, in response to Alliant’s earlier protest of the award of task order[2] No. N61340-18-F-0018 to DKW Communications, Inc. (DKW), of Washington, District of Columbia, which was issued under the General Services Administration Alliant Small Business Governmentwide Acquisition Contract and sought software maintenance services for naval pilot training simulation systems.  Here, Alliant alleges that DKW, the prior awardee and a current competitor, improperly received Alliant’s bid and proposal information, resulting in a violation of the Procurement Integrity Act.  In addition, the protester asserts that the agency failed to conduct meaningful discussions as part of the corrective action. We dismiss the protest. BACKGROUND The task order procurement, issued on June 22, 2017, was set aside for small businesses and conducted pursuant to Federal Acquisition Regulation § 16.505.  Request for Task Order Proposals (RFTOP) at 248.  The RFTOP anticipated award to the small business whose proposal offered the best value to the agency, considering the factors of past performance, management, and price.  Id. at 247-249.  As relevant to this protest, under the past performance factor offerors were permitted to submit up to three contract references for the prime offeror.  Id. at 229.  Submission of contract references for other entities, including proposed subcontractors and joint venture owners, was not permitted.  Id. at 229, 250.  The RFTOP advised offerors that “[a]ny past performance contract deemed to be Not Relevant will receive no further consideration, with no opportunity to submit a replacement, even if the Government requests revised proposals.”  Id. at 250-251.  Proposals were due by 12:00 p.m. on July 31, and among the offerors were Alliant and DKW.  Id. at 1.  On November 14, the Navy made award to DKW.  B-415744, Protest, Exh. A, Alliant Debrief Slides, at 22; Req. for Dismissal, Feb. 2, 2018, at 1. On November 21, DKW wrote to Navy personnel regarding the transition of contract performance.  The DKW email provided a link to a website where individuals could apply to work on the new contract and included the following message: We are well on our way as far as staffing/transitioning for the contract. This includes establishing a website for incumbent staff to apply and join our team, and learn more about DKW.  Please share the below website address with incumbent staff so they can begin the application/transition process if they have not already started. Protest, Exh. 7, DKW Email to Navy, Nov.