MicroTech

B-417442 May 28, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights MicroTechnologies, LLC (MicroTech), a small business located in Vienna, Virginia, protests the issuance of a task order to Favor TechConsulting, LLC, (Favor), by the Department of the Air Force under Fair Opportunity Proposal Request (FOPR) No. FA8771-18-R-0010 for services in support of the Automated Civil Engineer System (ACES). The protester challenges its elimination from the competition, contending the agency's evaluation was unreasonable and inconsistent with the solicitation. We dismiss 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: MicroTechnologies, LLC File: B-417442 Date: May 28, 2019 Aron C. Beezley, Esq., Patrick R. Quigley, Esq., and Sarah S. Osborne, Esq., Bradley Arant Boult Cummings LLP, for the protester. Elizabeth N. Jochum, Esq., and Terry L. Elling, Esq., Holland & Knight LLP, for Favor TechConsulting, LLC, the intervenor. Heather M. Mandelkehr, Esq., Department of the Air Force, for the agency. Evan C. Williams, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly evaluated prices for reasonableness is dismissed where the solicitation expressly outlined the price reasonableness evaluation undertaken by the agency, rendering a post-award challenge to the price evaluation scheme an untimely challenge to the terms of the solicitation. DECISION MicroTechnologies, LLC (MicroTech), a small business located in Vienna, Virginia, protests the issuance of a task order to Favor TechConsulting, LLC, (Favor), by the Department of the Air Force under Fair Opportunity Proposal Request (FOPR) No. FA8771-18-R-0010 for services in support of the Automated Civil Engineer System (ACES). The protester challenges its elimination from the competition, contending the agency's evaluation was unreasonable and inconsistent with the solicitation. We dismiss the protest. On August 30, 2018, the Air Force issued the solicitation for phase 1 of a 2-phase procurement for service support for the ACES. Request for Dismissal, Attach. 4, MicroTech Debriefing, at 5. The phase 1 solicitation requested a capabilities statement related to service support from all holders of the General Services Administration's (GSA) Veterans Technology Services 2 (VETS 2) indefinite-delivery, indefinite-quantity (IDIQ) governmentwide acquisition contracts (GWACs). Request for Dismissal, Attach. 1, FOPR, at 1. On November 2, the Air Force issued the phase 2 solicitation to the VETS 2 GWAC holders that responded to the phase 1 solicitation. Id. The solicitation, issued pursuant to the procedures of Federal Acquisition Regulation (FAR) part 16, contemplated the issuance of a primarily fixed-price task order for a 1-year base period and four 1-year option periods. Id. at 2; Request for Dismissal, Attach. 2, FOPR, Evaluation Criteria, at 1. The task order was to be issued on a best-value tradeoff basis, considering the following factors: technical, past performance, and price. Request for Dismissal, attach. 2, FOPR, Evaluation Criteria, at 1. The solicitation established a "gate process for evaluation" in which the agency would evaluate and consider proposals, as follows: Step 1: Rank all proposals by Total Price (TP) (lowest-highest). [. . .] Step 2: Establish the competitive price range to determine price reasonableness. (See details outlined below.) Then each proposal will move through step[s] 2 to 5 independently, beginning with the lowest TP. If the lowest TP is not reasonably priced (within the competitive price range), the proposal is eliminated from the competition. If REASONABLY PRICED, proceed to Step 3. Step 3: Perform a Past Performance Assessment. [. . .] Step 4: Perform a Technical Acceptability Assessment. [. . .] Step 5: Proposals received at this step will be added into the Trade Space1 until a proposal which has been evaluated as Reasonably Priced, EXCEPTIONAL Past Performance Quality Rating and SUBSTANTIAL CONFIDENCE Technical Rating is evaluated at which time proposal evaluations will cease. The Fair Opportunity Decision Authority will then make an award selection or perform a tradeoff against the previously evaluated offerors to determine the BEST VALUE to the Government. Id. at 1-2. This protest primarily concerns the agency's evaluation of MicroTech's proposal under Step 2.