Battelle Memorial Institute (DHHS-NIHAO2016038)
Case: B-416263
Agency: Department of Health and Human Services : National Institutes of Health
Protester: Battelle Memorial Institute
Date: 2020-01-23
Denied
B-416263.5
Jan 23, 2020
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Highlights
Battelle Memorial Institute, of Columbus, Ohio, protests the award of a contract to Laulima Government Solutions, LLC, of Honolulu, Hawaii, by the Department of Health and Human Services, National Institutes of Health, National Institute of Allergy and Infectious Diseases (NIAID), under request for proposals (RFP) No. DHHS-NIHAO2016038, which was issued for support services to operate and manage the NIAID Integrated Research Facility (IRF) at Fort Detrick, Maryland. Battelle argues that the award to Laulima was improper because NIAID unreasonably evaluated the awardee's proposal under the technical, past performance, and cost factors, and that the source selection decision failed to follow the RFP's award criteria.
We deny the protest.
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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: Battelle Memorial Institute
File: B-416263.5
Date: January 23, 2020
Phillip R. Seckman, Esq., Eric. P. Roberson, Esq., and DeAnna R. Hamilton, Esq., Dentons US LLP, for the protester.
Damien C. Specht, Esq., James A. Tucker, Esq., and Alissandra D. Young, Esq., Morrison & Foerster LLP, for Laulima Government Solutions, LLC, the intervenor.
Richard Bergeron, Esq., and Tami S. Hagberg, Esq., Department of Health and Human Services, for the agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Challenge to the agency’s evaluation of the awardee’s technical proposal is denied where the agency reasonably explains why findings by some evaluators were not adopted in the final evaluation.
2. Challenge to the evaluation of the awardee’s past performance is denied where the evaluation was reasonable and consistent with the terms of the solicitation.
3. Challenge to the evaluation of the awardee’s proposed costs is denied where the agency reasonably concluded that the awardee’s direct labor costs were realistic, despite some being lower than costs for the incumbent contract.
4. Challenge to the award decision is denied where the agency reasonably explained that the protester’s higher technically rated proposal was not worth the higher evaluated cost as compared to the awardee’s proposal.
DECISION
Battelle Memorial Institute, of Columbus, Ohio, protests the award of a contract to Laulima Government Solutions, LLC, of Honolulu, Hawaii, by the Department of Health and Human Services, National Institutes of Health, National Institute of Allergy and Infectious Diseases (NIAID), under request for proposals (RFP) No. DHHS-NIHAO2016038, which was issued for support services to operate and manage the NIAID Integrated Research Facility (IRF) at Fort Detrick, Maryland. Battelle argues that the award to Laulima was improper because NIAID unreasonably evaluated the awardee’s proposal under the technical, past performance, and cost factors, and that the source selection decision failed to follow the RFP’s award criteria.
We deny the protest.
BACKGROUND
NIAID issued the solicitation on April 21, 2017, seeking proposals to provide support for the IRF, which is part of the National Interagency Biodefense Campus located at Fort Detrick, MD. Agency Report (AR)[1], Tab 7a, Statement of Work (SOW), at 1. The IRF is a “specialized biocontainment facility with the appropriate infrastructure to support basic research and animal studies with various infectious disease . . . to evaluate therapeutics, vaccines and diagnostics as well as natural history and pathogenesis associated with these agents.” Id. The contractor will be responsible for providing “highly-skilled scientific, operational and programmatic support services necessary for the [IRF] to manage, coordinate, and facilitate the conduct of research with emerging infectious diseases and biodefense pathogens as directed by the government. . . .” Id.
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