Tetra Tech, Inc.

B-416861.2,B-416861.3 May 22, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Tetra Tech, Inc., of Pasadena, California, protests the issuance of a task order to Booz Allen Hamilton (BAH), of McLean, Virginia, under request for proposals (RFP) No. 70FA20-18-R-00000014, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for a full range of national preparedness exercise support services. The protester challenges the agency's evaluation of its proposal and contends that the agency engaged in unequal exchanges with offerors. We dismiss the protest in part and deny it in part. 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: Tetra Tech, Inc. File: B-416861.2; B-416861.3 Date: May 22, 2019 Holly A. Roth, Esq., and Elizabeth Leavy, Esq., Reed Smith LLP, for the protester. Mark D. Colley, Esq., Kristen E. Ittig, Esq., and Craig A. Schwartz, Esq., Arnold & Porter Kaye Scholer, LLP, for Booz Allen Hamilton, the intervenor. Matthew Lane, Esq., and Hillary J. Freund, Esq., Department of Homeland Security, for the agency. Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's evaluation of the protester's proposal and the agency's best-value tradeoff decision is dismissed where the protester withdrew and/or abandoned its substantive challenges to the agency's evaluation and award decision. 2. Protest alleging that the agency engaged in unequal exchanges with offerors is denied where the record shows that, in conducting a task order acquisition pursuant to Federal Acquisition Regulation (FAR) subpart 16.5, the agency established a competitive range that excluded the protester. 3. Protest alleging that the agency failed to comply with the pre-award notification requirements of FAR § 15.503(a)(1) is dismissed for failure to state a valid basis of protest where the failure to provide such notice constitutes a procedural deficiency that does not affect the validity of the award. DECISION Tetra Tech, Inc., of Pasadena, California, protests the issuance of a task order to Booz Allen Hamilton (BAH), of McLean, Virginia, under request for proposals (RFP) No. 70FA20-18-R-00000014, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for a full range of national preparedness exercise support services. The protester challenges the agency's evaluation of its proposal and contends that the agency engaged in unequal exchanges with offerors. We dismiss the protest in part and deny it in part. BACKGROUND On June 14, 2018, FEMA issued the solicitation pursuant to the provisions of Federal Acquisition Regulation (FAR) subpart 16.5 to firms holding General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) indefinite-delivery, indefinite-quantity (IDIQ) contracts in Unrestricted Pool 1, Management and Consultative Services. RFP at 1, 2;1 Contracting Officer's Statement (COS) at 3. The solicitation contemplated the issuance of a single task order to provide a full range of capability validation and exercise delivery support services to FEMA's National Exercise Division.2 RFP, Performance Work Statement (PWS) § 1.0, at 32. The solicitation provided that the agency would issue a time-and-materials task order with a three-year period of performance, including a nine-month base period, two 12-month option periods, and a three-month option period. Id. at 2. The solicitation anticipated award on a best-value tradeoff basis considering price and the following five non-price factors, in descending order of importance: (1) technical approach, (2) management approach, (3) key personnel, (4) corporate experience, and (5) past performance. Id. at 30. When combined, the non-price factors were approximately equal in importance to price. Id. The solicitation provided that the agency intended to evaluate proposals and award a task order without communications, but reserved the right to enter into communications with offerors if necessary. Id. Proposals were due by July 25. Id. at 29. In response to the solicitation, FEMA received proposals from five offerors. COS at 12. After an initial evaluation, the agency decided to eliminate from the competition the proposals of three offerors, including Tetra Tech. Id. The agency concluded that these offerors failed "to accurately or adequately address the Solicitation requirements." Id. With respect to the proposals submitted by the remaining two offerors, BAH and another offeror (hereinafter "Offeror A"), the agency concluded that the proposals were the highest rated proposals after the initial evaluation. COS at 13.