Enterprise Services, LLC
Case: B-417329
Agency: National Aeronautics and Space Administration
Protester: Enterprise Services, LLC
Date: 2019-05-30
Denied
B-417329,B-417329.2,B-417329.3
May 30, 2019
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Highlights
Enterprise Services, LLC, of Herndon, Virginia, protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos' proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues that the agency unreasonably evaluated the protester's and intervenor's proposals under the technical, price, and past performance factors.
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: Enterprise Services, LLC
File: B-417329; B-417329.2; B-417329.3
Date: May 30, 2019
Daniel R. Forman, Esq., Jonathan M. Baker, Esq., Christian N. Curran, Esq., James Peyster, Esq., Puja Satiani, Esq., Nkechi Kanu, Esq., and Lauren H. Williams, Esq., Crowell & Moring LLP, for the protester.
James J. McCullough, Esq., Michael J. Anstett, Esq., Anayansi Rodriguez, Esq., and Katherine L. St. Romain, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for Leidos, Inc., the intervenor.
Victoria H. Kauffman, Esq., Grant L. Arnold, Esq., Brian M. Stanford, Esq., and Troy D. Taylor, Esq., National Aeronautics and Space Administration, 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. Protest that the awardee had disqualifying organizational conflicts of interests (OCI) is denied where the agency waived the alleged conflicts, the waiver was consistent with the requirements of the Federal Acquisition Regulation, and denied where the agency’s post-award exchanges with the awardee regarding its OCI mitigation plan do not constitute improper discussions.
2. Protest challenging the evaluation of the offerors’ technical proposals is denied where, despite certain flaws in the evaluation, there is no basis to conclude that the agency improperly assigned higher ratings to the awardee’s proposal.
3. Protest that the agency evaluated offerors’ prices on an unequal basis is denied where the record does not show that the agency should have understood that offerors’ prices were based on differing assumptions.
4. Protest challenging the evaluation of offerors’ past performance is denied where, despite a lack of documentation for the evaluation of one of the awardee’s references, there is no basis to conclude that the protester was prejudiced by the evaluation.
DECISION
Enterprise Services, LLC, of Herndon, Virginia, protests the award of a contract to Leidos, Inc., of Reston, Virginia, by the National Aeronautics and Space Administration (NASA), under request for proposals (RFP) No. 80NSSC18R0002, which was issued for end-user technology support services. Enterprise argues that NASA should have found Leidos’ proposal ineligible for award based on organizational conflicts of interest (OCIs), and also argues that the agency unreasonably evaluated the protester’s and intervenor’s proposals under the technical, price, and past performance factors.
We deny the protest.
BACKGROUND
NASA issued the RFP on February 1, 2018, seeking proposals for the NASA End-user Services and Technologies (NEST) contract. Agency Report (AR), Tab 1a, RFP, at 1.[1] The NEST contract will support NASA’s End-user Services Program Office, which “oversees the portfolio of services and capabilities associated with the end-user services domain; this includes defining and executing overall strategy, roadmaps, standards, policies, investments, and projects.” AR, Tab 1c, Performance Work Statement (PWS), at 5. The contractor will be required to meet the following requirements:
[Provide] all resources to acquire, provide, install, test, manage, plan, design, integrate, upgrade, operate, secure, and maintain all NASA-approved hardware and software in support of NASA’s End User Computing hardware, Agency standard software suite, mobile [information technology (IT)] services, printers and multi-functional devices (MFDs), NASA service catalog of IT services and accessories, Tier 2 and 3 support, priority services (VIP), enhanced support services, and supporting infrastructure for all services as delineated in the NEST [PWS].
Id.
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