Impact Resources, Inc.

B-416093 Jun 11, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Impact Resources, Inc., d/b/a IR Technologies (IR Tech) of Springfield, Virginia, protests the award of a contract to Tactical Edge, Inc., of San Diego, California, under request for proposals (RFP) No. M67854-17-R-7601, issued by the United States Marine Corps, for information technology support services. The protester argues that the agency failed to revise the RFP to reflect its changed requirement, and unreasonably evaluated proposals. 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:  Impact Resources, Inc. File:  B-416093 Date:  June 11, 2018 David J. Seidman, Esq., and Paul J. Seidman, Esq., Seidman & Associates, P.C., for the protester. Dennis Gardner, Esq., Ogletree, Deakins, Nash, Smoak & Stewart, P.C., for Tactical Edge, Inc., an intervenor. Lisa L. Baker, Esq., and James S. Du Pre, Esq., United States Marine Corps, for the agency. Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest filed with GAO following an agency-level protest is dismissed as untimely where it was not filed at GAO within 10 days of actual or constructive knowledge of initial adverse agency action. 2.  Protest challenging agency's evaluation of proposals and selection decision is dismissed as abandoned where protester, after receipt of the agency report, fails to provide a substantive response to the agency's detailed explanation of its actions. DECISION Impact Resources, Inc., d/b/a IR Technologies (IR Tech) of Springfield, Virginia, protests the award of a contract to Tactical Edge, Inc., of San Diego, California, under request for proposals (RFP) No. M67854-17-R-7601, issued by the United States Marine Corps, for information technology support services.  The protester argues that the agency failed to revise the RFP to reflect its changed requirement, and unreasonably evaluated proposals. We dismiss the protest. BACKGROUND The RFP, issued on January 27, 2017, under Federal Acquisition Regulation (FAR) parts 12 and 15, and set aside for small businesses, sought post-deployment systems support services for the Marine Air-Ground Task Force Logistics Support Systems Program. RFP[1] at 1; id., amend. 6, at 3; Performance Work Statement (PWS) at 1.  This program consolidated four systems, among which the following two are relevant here:  Storage Retrieval Automated Tracking Integrated System (STRATIS) and Air Fortress.[2]  PWS at 1.  The RFP contemplated the award of a single indefinite-delivery, indefinite-quantity (IDIQ) fixed-price contract with a 60-month ordering period.  RFP, amend. 4, at 38, 44; id., amend. 6, at 3.  The RFP advised award would be made on a best-value tradeoff basis, considering the following factors in descending order of importance:  innovation approach, technical approach, management approach, past performance, and price.  RFP, amend. 4, at 54, 55.  The RFP advised that the non-price factors, when combined, were significantly more important than price.  Id. at 55. The agency received 13 timely proposals by the solicitation closing date of April 28, 2017, including proposals from IR Tech and Tactical Edge.  Agency Report (AR), Combined Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 4.  A source selection evaluation board reviewed the proposals and documented its findings and results.  Id.; see also AR, Tab 12, Source Selection Decision Memorandum (SSDM) at 3.  Between September and November 2017, IR Tech had several exchanges with agency and other personnel, during which IR Tech states that it was informed that the Air Fortress and STRATIS systems were being replaced or retired by the agency.  See Protest at 5; Protester's Response to Agency's Request for Dismissal at 1-2; Protester's Comments at 4-5.  During this time, in October 2017, IR Tech also asked the agency's program manager responsible for the procurement whether there had been a change in the agency's requirements since the issuance of the solicitation, and was told that there were no changes.  See Protester's Response to Agency's Request for Dismissal at 1; Protester's Comments at 4.  On November 28, IR Tech raised to the contracting officer (CO) its concerns about the perceived change of solicitation requirements.  See AR, Tab 10, IR Tech Nov. 28 Letter to CO.  In its letter, IR Tech stated it was aware that the agency intended to replace STRATIS and Air Fortress based on published program schedules and conversations with program personnel.  Id.