MacAulay-Brown, Inc.

B-417205,B-417205.2,B-417205.3 Mar 27, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights MacAulay-Brown, Inc., of Dayton, Ohio, protests the award of a contract to Deloitte & Touche, LLP, of Arlington, Virginia, under request for proposals (RFP) No. W52P1J-19-R-0004, issued by the Department of the Army, Army Contracting Command-Rock Island, for cyber analytics services. MacAulay challenges several aspects of the procurement, including the agency's evaluation of proposals and source selection decision. 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: MacAulay-Brown, Inc. File: B-417205; B-417205.2; B-417205.3 Date: March 27, 2019 Jason A. Carey, Esq., J. Hunter Bennett, Esq., and Andrew R. Guy, Esq., Covington & Burling, LLP, for the protester. David S. Cohen, Esq., John J. O'Brien, Esq., and Daniel J. Strouse, Esq., and, Cordatis Law LLP, for the intervenor. Debra J. Talley, Esq., and Warren A. Reardon, Esq., Department of the Army, for the agency. Joshua R. Gillerman, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's evaluation of proposals and source selection decision is denied where the record shows that the agency reasonably performed a price realism analysis and evaluated technical proposals in accordance with the solicitation. 2. Protest alleging agency's requirements changed in a manner that obligated agency to revise the solicitation and provide offerors an opportunity to submit revised proposals is denied where the record shows that the requirements had not, in fact, changed. 3. Protest alleging that the agency unreasonably evaluated proposals based on solicitation's intended use of protester's proprietary software is dismissed as untimely where protest was not filed prior to deadline for submission of proposals. DECISION MacAulay-Brown, Inc., of Dayton, Ohio, protests the award of a contract to Deloitte & Touche, LLP, of Arlington, Virginia, under request for proposals (RFP) No. W52P1J-19-R-0004, issued by the Department of the Army, Army Contracting Command-Rock Island, for cyber analytics services. MacAulay challenges several aspects of the procurement, including the agency's evaluation of proposals and source selection decision. We deny the protest. BACKGROUND The RFP, issued on October 3, 2018, contemplated the award of a fixed-price contract with cost-reimbursable no-fee contract line item numbers (CLINS), for a two-year base period and three 1-year options, for cyber analytics services. Agency Report (AR), Tab 5, RFP, at 2. The procurement was conducted pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 13.5, Simplified Procedures for Certain Commercial items, in conjunction with FAR Part 12.101, Acquisition of Commercial Items. Id. Cyber Analytics is an Army program that manages and maintains the Army's cyberspace analytics solution. AR, Contracting Officer's Statement/Memorandum of Law (COS/MOL) at 2. The RFP sought a cyberspace analytics capability consisting of a secure, common, community-wide analytical framework. RFP at 2. The Army currently utilizes a Big Data Platform (BDP) cyber analytics solution referred to as "Gabriel Nimbus" (GN). Id. The RFP stated that the Army would provide a BDP solution to the awardee as Government Furnished Equipment (GFE). Id. The RFP required the contractor to execute all requirements delineated in the scope of work utilizing the Army's BDP, or a "BDP-like" solution. AR, Tab 12, Statement of Work (SOW), at 6. By way of additional background, MacAulay, through a subsidiary, developed GN, the Army's current BDP solution, on a predecessor effort under an Other Transaction Agreement (OTA).1 Consolidated and Supp. Protest at 15. The Army explains that the present solicitation reflects the agency's strategy to now utilize a FAR-based contract for sustainment and integration efforts, while development work will continue to be handled under OTAs, as is appropriate for prototype development. Supp. AR on Independent Government Cost Estimate (IGCE), at 4. Award was to be made on a best-value tradeoff basis, considering the following factors: oral presentation, technical/management approach, and cost/price. The oral presentation factor was significantly more important than the technical/management approach and cost/price factors, and the technical/management approach factor was slightly more important than cost/price. AR, Tab 8, Evaluation of Offers (section M), at 3. The non-price factors, when combined, were significantly more important than cost/price. Id.