Plateau Software, Inc.

B-416386 Aug 24, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Plateau Software, Inc., a small business of Fairfax, Virginia, protests the terms of request for proposals (RFP) No. N00014-18-R-0004 issued by the Department of the Navy, Office of Naval Research (ONR), for scientific and engineering technical assistance services. The protester contends that the RFP is ambiguous and unduly restrictive of competition, and the procurement should have been set aside for small businesses. 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:  Plateau Software, Inc. File:  B-416386 Date:  August 24, 2018 Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., Shane J. McCall, Esq., and Stephan L. Skepnek, Esq., Koprince Law, LLC, for the protester. Thomas Fording, Esq., and Robert Elwell, Esq., Department of the Navy, for the agency. Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that solicitation’s requirement to provide meeting space is ambiguous and unduly restrictive of competition is denied where the solicitation provides sufficient information to allow offerors to intelligently prepare their proposals on a common basis and is reasonably necessary to meet the agency’s needs. 2.  Protest challenging agency’s decision not to set aside the procurement for small businesses is denied where the agency reasonably concluded from its market research that it did not have a reasonable expectation of receiving proposals from two or more small businesses capable of performing the required services. DECISION Plateau Software, Inc., a small business of Fairfax, Virginia, protests the terms of request for proposals (RFP) No. N00014-18-R-0004 issued by the Department of the Navy, Office of Naval Research (ONR), for scientific and engineering technical assistance services.  The protester contends that the RFP is ambiguous and unduly restrictive of competition, and the procurement should have been set aside for small businesses. We deny the protest. BACKGROUND In 1996, the National Oceanographic Partnership Program (NOPP) was established to “coordinate existing partnerships and establish new partnerships for the sharing of resources, intellectual talent, and facilities in the ocean sciences and education, so that optimal use can be made of this most important natural resource for the well-being of all Americans.”  National Defense Authorization Act for Fiscal Year 1997, Pub. L. No. 104-201, § 281, 110 Stat. 2469-70; see also 10 U.S.C. §§ 7901-7903.  The NOPP coordinates partnerships among federal agencies, academia, industry, and other members of the oceanographic scientific community.  10 U.S.C. § 7901(b)(2).  On April 13, 2018, the agency issued the RFP seeking proposals to provide support services for the NOPP Office (NOPPO).  Agency Report (AR), Tab 7, RFP, at 1.  The services include the provision of scientific and engineering technical assistance personnel to work with government employees to implement and manage NOPP activities.  The RFP required offers to perform the following four primary tasks:  (1) working group meeting assistance and topic development; (2) proposal peer review process management and excellence in partnering award; (3) NOPP congressional reporting; and (4) NOPP public outreach.  AR, Tab 7A, Performance Work Statement (PWS), at 1-5.  Prior to issuing the RFP, the agency conducted market research.  First, the agency reviewed the acquisition history, which shows that this is the fifth procurement for NOPPO support services.  See AR, Tab 5, Market Research Report, at 3.  Of the four prior procurements, only the prior contract was set aside for small businesses.  Id.  Second, the agency solicited capability statements from interested parties.  On October 26, 2017, the agency posted a sources sought notice to the SeaPort-e portal.[1]  AR, Tab 2, SeaPort-e Sources Sought Notice.  On October 31, the agency posted a sources sought notice to the Federal Business Opportunities website (FBO.gov).  AR, Tab 3, FBO.gov Sources Sought Notice.  The agency received and reviewed a total of seven responses--four from small businesses, two from non-profit entities, and one from a large business--and concluded that it was not likely to receive offers from two or more small businesses capable of performing the requirement.  AR, Tab 5, Market Research Report, at 4-5.  The RFP was issued on FBO.gov on an unrestricted basis, and Plateau filed this protest on May 17, 2018, prior to the RFP’s closing date. DISCUSSION Plateau raises two primary challenges to the terms of the RFP.  First, the protester argues that the RFP is ambiguous and unduly restrictive of competition because th...