K2 Solutions, Inc.

B-417689 Sep 24, 2019 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights K2 Solutions, Inc. (K2), a service-disabled veteran-owned small business (SDVOSB), of Southern Pines, North Carolina, protests the award of a contract to Actionable Solutions Group, LLC (ASG) under request for proposals (RFP) No. H92222-18-R-0012, issued by the Department of Defense, United States Special Operations Command (SOCOM), for intelligence support services. K2 argues that the agency unreasonably evaluated ASG's proposal under the past performance factor. The protester also contends the agency violated Federal Acquisition Regulation (FAR) § 15.503(a)(2) by failing to provide K2 a pre-award notice of the agency's intent to make award to ASG. We deny the protest. View Decision Decision Matter of:  K2 Solutions, Inc. File:  B-417689 Date:  September 24, 2019 Meghan Whitt, Esq., K2 Solutions, Inc., for the protester. Matthew T. Schoonover, Esq., John M. Mattox II, Esq., Haley E. Claxton, and Gregory P. Weber, Esq., Koprince Law, LLC, for Actionable Solutions Group, LLC, the intervenor. Heather M. Mandelkehr, Esq., and Alexis J. Bernstein, 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 1.  Protest challenging the agency’s evaluation of awardee’s proposal under the past performance evaluation factor is denied where the solicitation did not prohibit the agency from giving more weight to the past performance of awardee’s joint venture partner than the past performance of a subcontractor, and the agency’s evaluation was reasonable. 2.  Protest alleging that the agency failed to comply with the pre-award notification requirements of Federal Acquisition Regulation § 15.503(a)(2) is denied where the failure to provide such notice constitutes a procedural deficiency that did not affect the validity of the award. DECISION K2 Solutions, Inc. (K2), a service-disabled veteran-owned small business (SDVOSB), of Southern Pines, North Carolina, protests the award of a contract to Actionable Solutions Group, LLC (ASG)[1] under request for proposals (RFP) No. H92222-18-R-0012, issued by the Department of Defense, United States Special Operations Command (SOCOM), for intelligence support services.  K2 argues that the agency unreasonably evaluated ASG’s proposal under the past performance factor.  The protester also contends the agency violated Federal Acquisition Regulation (FAR) § 15.503(a)(2) by failing to provide K2 a pre-award notice of the agency’s intent to make award to ASG. We deny the protest. BACKGROUND On June 15, 2018, the agency posted the RFP synopsis on the Federal Business Opportunities website.  Agency Report (AR), Tab 3, RFP Synopsis (June 15, 2018).  The agency notified potential offerors that the RFP would only be provided to verified SDVOSBs that possessed a top secret facilities clearance with the capability to provide Secret-level information safeguarding.  Id. at 1-2; Contracting Officer’s Statement (COS) at 7.  On July 13, the agency made the RFP available to eligible offerors upon request.  AR, Tab 4, RFP Synopsis (July 13, 2018); COS at 7. The RFP was set aside for SDVOSBs, and issued under the procedures of FAR part 15.  AR, Tab 5, RFP at 49; COS at 2.  The RFP sought proposals to provide analytical intelligence, technical assistance, and special security services to support Joint Special Operations Task Force units in various worldwide locations.  RFP, Statement of Work (SOW), at 1. The RFP contemplated the award of a single contract with a combination of labor-hour, fixed-price and cost-reimbursement contract line items, for a base year and four 1‑year options periods.  RFP at 1-37, 106.  The RFP provided that award would be made on a best‑value tradeoff basis among the following factors, listed in descending order of importance:  transition plan, management plan/key personnel/oral presentation, past performance, and price.[2]  RFP § M at 3-4. As relevant to this protest, under the past performance factor, offerors were instructed to submit information on contracts considered recent and relevant in demonstrating their ability to perform the RFP’s requirements.  RFP § L at 10.  The RFP defined recent contracts as contracts performed, all or in part, during the past three years from the date of issuance of the solicitation.  Id.