Darton Innovative Technologies (FA680019RA005)

B-418034.3 Mar 09, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Darton Innovative Technologies, Inc., of Plattsmouth, Nebraska, requests reconsideration of our decision, T3I Solutions, LLC, B-418034, B-418034.2, Dec. 13, 2019, 2019 CPD ¶ 428, sustaining T3I's protest of the award of a contract to Darton under request for proposals (RFP) No. FA680019RA005, issued by the Department of the Air Force, for courseware development and training services. We sustained T3I's protest on the basis that the awardee's proposal contained material misrepresentations concerning the availability of one of Darton's proposed personnel and that the agency relied on the misrepresentation in evaluating Darton's proposal. Darton argues that the decision is contrary to law because it ignored GAO precedent. Darton also contends that the decision's conclusion that the agency's evaluation relied upon the misrepresentation in Darton's proposal is based upon an error of fact. We deny the request for reconsideration. 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:  Darton Innovative Technologies, Inc.--Reconsideration File:  B-418034.3 Date:  March 9, 2020 Michelle F. Kantor, Esq., and William J. Beckley, Esq., McDonald Hopkins LLC, for the requester. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration of prior decision is denied where the requesting party has not shown that our decision contains either errors of fact or law or information not previously considered that warrants reversal or modification of the decision. DECISION   Darton Innovative Technologies, Inc., of Plattsmouth, Nebraska, requests reconsideration of our decision, T3I Solutions, LLC, B-418034, B-418034.2, Dec. 13, 2019, 2019 CPD ¶ 428, sustaining T3I’s protest of the award of a contract to Darton under request for proposals (RFP) No. FA680019RA005, issued by the Department of the Air Force, for courseware development and training services.  We sustained T3I’s protest on the basis that the awardee’s proposal contained material misrepresentations concerning the availability of one of Darton’s proposed personnel and that the agency relied on the misrepresentation in evaluating Darton’s proposal.  Darton argues that the decision is contrary to law because it ignored GAO precedent.  Darton also contends that the decision’s conclusion that the agency’s evaluation relied upon the misrepresentation in Darton’s proposal is based upon an error of fact. We deny the request for reconsideration. BACKGROUND The agency issued the RFP on August 14, 2019, as a total small business set-aside, to acquire courseware development and training services.  Agency Report (AR), Tab 5, RFP at 1, 7.[1]  The RFP sought a contractor to provide crew resource management training.  AR, Tab 7, Performance Work Statement (PWS) at 3.  The RFP provided that award would be made on a best-value tradeoff basis, considering three factors:  mission capability (technical), past performance, and price.  RFP at 58.  Regarding the technical factor, the RFP advised that the agency would evaluate technical proposals on an acceptable/unacceptable basis under three subfactors.  As relevant here, under the manning requirements and analysis technical subfactor, offerors were required to submit a “manning level and personnel mix plan for all workload identified in the PWS.”  RFP at 53.  The RFP advised that the agency’s evaluation would consider whether the qualifications of personnel met the requirements of the PWS.  Id. at 59.  The solicitation did not require that offerors identify specific personnel, submit resumes or letters of commitment, or seek agency approval prior to substitutions of certain personnel.  Id. The agency received proposals from two offerors--T3I and Darton.  AR, Tab 11, Proposal Analysis Report, at 21-22.  The agency evaluated the proposals and selected Darton for award.  Id.