Nexant Inc.
Case: B-417421
Agency: United States Agency for International Development
Protester: Nexant Inc.
Date: 2019-06-26
Denied
B-417421,B-417421.2
Jun 26, 2019
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Highlights
Nexant, Inc., of Washington, D.C., protests the award of a task order under request for task order proposals (RFTOP) No. 720-674-18-R-00026 to Deloitte Consulting, LLP, issued by United States Agency for International Development (USAID) to contract holders of the agency's Power Africa indefinite-delivery, indefinite-quantity (IDIQ) contract, for technical services to implement the West Africa Energy Program. The protester primarily argues that USAID unreasonably evaluated the protester's and awardee's technical proposals.
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: Nexant Inc.
File: B-417421; B-417421.2
Date: June 26, 2019
James J. Regan, Esq., and James G. Peyster, Esq., Crowell & Moring LLP, for the protester.
Keith R. Szeliga, Esq., Katie A. Calogero, Esq., and Adam A. Bartolanzo, Esq., Sheppard Mullin Richter & Hampton LLP, for Deloitte Consulting, LLP, the intervenor.
John B. Alumbaugh, Esq., United States Agency for International Development, for the agency.
Kasia Dourney, Esq., Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the evaluation of the protester’s technical proposal is denied where there is no basis to conclude that the agency’s evaluation was unreasonable.
2. Protest alleging that the agency’s evaluation of the awardee’s proposal was conducted on unequal basis is denied where the agency reasonably evaluated the awardee’s proposal as meriting strengths and where that proposal was materially different from the protester’s.
DECISION
Nexant, Inc., of Washington, D.C., protests the award of a task order under request for task order proposals (RFTOP) No. 720-674-18-R-00026 to Deloitte Consulting, LLP, issued by United States Agency for International Development (USAID) to contract holders of the agency’s Power Africa indefinite-delivery, indefinite-quantity (IDIQ) contract, for technical services to implement the West Africa Energy Program. The protester primarily argues that USAID unreasonably evaluated the protester’s and awardee’s technical proposals.
We deny the protest.
BACKGROUND
In June 2013, the United States government launched Power Africa, a partnership with African governments, bilateral and multilateral development agencies, and the private sector, aimed at increasing electricity access in sub-Saharan Africa, where more than 600 million people lack electricity. Agency Report (AR), Tab 3, Contracting Officer’s (CO) Decl., at 1. On February 13, 2018, USAID awarded nine multiple-award IDIQ contracts for technical assistance and engineering consulting services to implement USAID’s activities in support of Power Africa. Id. at 2. One of the contracts was awarded to Deloitte, and another was awarded to Nexant. Id.
On October 26, 2018, USAID issued the RFTOP to all nine of the Power Africa IDIQ contract holders. Id. The RFTOP contemplated the award of a task order to provide technical services to implement Power Africa’s West Africa Energy Program (WAEP), to expand the supply of, and access to, grid-connected electricity services in West Africa, “with the ultimate goal of advancing development priorities including inclusive economic growth, security, and improved health and education outcomes.” Id. at 1; AR, Tab 4, RFTOP Section C, Statement of Work (SOW), at 6. The WAEP included 23 countries in West and Central Africa and contained special requirements for Ghana, based on its “unique country context.”[1] SOW at 6.
The SOW required the offerors to meet the following requirements:
[F]acilitate the financial closure of power transactions and strengthen the enabling environment for private sector investment in West Africa’s power sector, as well as address the key constraints to such investment. Also, the Contractor must strengthen the human and institutional capacity of key national power sector entities, including utilities, expand on-grid connections, and increase regional power trade.
AR, Tab 4, RFTOP Section B.1. (Purpose), at 3. Specifically, the SOW contemplated achieving the following four objectives:
(1) Increase the supply of power in West Africa;
(2) Enable expanded end-user connection to the grid;
(3) Improve the technical and institutional capacity and performance of select national utilities and other relevant national power sector entities; and
(4) Accelerate the establishment of a high functioning regional power market.
SOW at 6. In addition, the RFTOP included a requirement for providing support functions to the Power Africa Coordinator’s Office and USAID missions. Id.
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