VSE Corporation

B-417908,B-417908.2 Nov 27, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights VSE Corporation, of Alexandria, Virginia, protests the issuance of a task order to AECOM Management Services, Inc., of Germantown, Maryland, under task order request (TOR) No. W56HZV-19-X-JW02, which was issued by the Department of the Army, Army Materiel Command, for a supplemental labor force to support combat/tactical vehicle production, facilities maintenance, warehousing, and hazardous materials handling for disposal in support of the Department of Defense Industrial Base for Red River Army Depot, Sierra Army Depot, Anniston Army Depot, and Rock Island Arsenal. The TOR was issued against the Equipment Related Services (ERS) contract suite under the TACOM Strategic Service Solutions (TS3) multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contracts. VSE argues that the Army unreasonably evaluated AECOM Management Services' proposal. 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 version has been approved for public release. Decision Matter of:  VSE Corporation File:  B-417908; B-417908.2 Date:  November 27, 2019 Cameron Hamrick, Esq., C. Peter Dungan, Esq., and Jason Blindauer, Esq., Miles & Stockbridge P.C., for the protester. Kevin P. Connelly, Esq., Kelly E. Buroker, Esq., and Jeffrey M. Lowry, Esq., Vedder Price, P.C., for AECOM Management Services, Inc., the intervenor. Jonathan A. Hardage, Esq., Amanda C. Gingrich, Esq., and Kevin G. Normile, Esq., Department of the Army, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency’s evaluation of the awardee’s proposal for failing to reasonably consider whether the proposal presented unacceptable performance risks due to the awardee’s divestiture from its corporate parent is denied.  The challenges to the awardee’s financial capacity to perform in fact pertain to the awardee’s affirmative responsibility, and we have no basis to question the reasonableness of the agency’s responsibility determination regarding the awardee.  The non-price challenges also fail because the solicitation did not contemplate the evaluation of any factor other than price. DECISION VSE Corporation, of Alexandria, Virginia, protests the issuance of a task order to AECOM Management Services, Inc., of Germantown, Maryland, under task order request (TOR) No. W56HZV-19-X-JW02, which was issued by the Department of the Army, Army Materiel Command, for a supplemental labor force to support combat/tactical vehicle production, facilities maintenance, warehousing, and hazardous materials handling for disposal in support of the Department of Defense Industrial Base for Red River Army Depot, Sierra Army Depot, Anniston Army Depot, and Rock Island Arsenal.  The TOR was issued against the Equipment Related Services (ERS) contract suite under the TACOM Strategic Service Solutions (TS3) multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contracts.  VSE argues that the Army unreasonably evaluated AECOM Management Services’ proposal. We deny the protest. BACKGROUND The Army’s TS3 ERS suite of IDIQ contracts allows for the procurement of services primarily related to:  tasks necessary to keep machines or systems functioning; or for maintenance, repair, and overhaul; equipment modification; equipment installation; and technical representative services.  Contracting Officer Statement/Memorandum of Law (COS/MOL) at 3.  VSE and AECOM Management Services (formerly URS Federal Services) are TS3 ERS suite contract holders.  Id.  The TOR, which was issued on May 22, 2019, and subsequently amended four times, sought proposals from TS3 ERS contract holders for a supplemental labor force to support combat/tactical vehicle production, facilities maintenance, warehousing, and hazardous materials handling for disposal in support of the Department of Defense Industrial Base for Red River Army Depot, Sierra Army Depot, Anniston Army Depot, and Rock Island Arsenal.  TOR at 1.[1]  The TOR contemplated the award of a time-and-materials task order, with a base year and two, 1-year option periods.  Id. at 2, 18. Award was to be made to the responsible offeror that submitted the proposal with the lowest total evaluated price (TEP).  TOR at 30.  Thus, the only evaluation factor was price.  Id. at 29, 30; see also Agency Report (AR), TOR Questions & Answers (ver. 2), at 36 (“The Government will not be considering a Best Value evaluation, this will be based on price only.”); TOR at 29 (instructing offerors to only submit one proposal volume, cost/price, which was to consist entirely of a price evaluation template, which was included as TOR attachment No.