22nd Century Technologies, Inc. (621900227)

B-418404 Apr 16, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 22nd Century Technologies, Inc., (22nd Century), of McLean, Virginia, protests the exclusion of its proposal from the competition conducted under request for proposals (RFP) No. 621900227, which was issued by the Defense Information Systems Agency (DISA), to provide various information technology (IT) support services for DISA's Department of Defense Network (DoDNet) environment. The protester argues that the agency's exclusion of its proposal as noncompliant with the solicitation requirements was unreasonable. 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:  22nd Century Technologies, Inc. File:  B-418404 Date:  April 16, 2020 Daniel J. Strouse, Esq., David S. Cohen, Esq., Laurel A. Hockey, Esq., Joshua D. Schnell, Esq., and John J. O’Brien, Esq., Cordatis LLP, for the protester. Andriani Buck, Esq., and LaTonya M. McFadden, Esq., Defense Information Systems Agency, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s exclusion of protester’s proposal from the competition for failing to meet all solicitation requirements is denied where the record shows that the agency’s decision was reasonable and consistent with the terms of the solicitation. DECISION   22nd Century Technologies, Inc., (22nd Century), of McLean, Virginia, protests the exclusion of its proposal from the competition conducted under request for proposals (RFP) No. 621900227, which was issued by the Defense Information Systems Agency (DISA), to provide various information technology (IT) support services for DISA’s Department of Defense Network (DoDNet) environment.  The protester argues that the agency’s exclusion of its proposal as noncompliant with the solicitation requirements was unreasonable.  We deny the protest. BACKGROUND On June 21, 2019, DISA issued the RFP to holders of the agency’s ENCORE III multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts, pursuant to the fair opportunity provisions of Federal Acquisition Regulation (FAR) subpart 16.505.[1]  RFP at 1.[2]  The procurement, which is referred to as DISA’s Development and Business Center 4th Estate Network Optimization’s requirement for DoDNet services, solicited proposals for contractor assistance for a wide range of IT support services such as, operations and maintenance support to the DoDNet common use commodity IT service network environment, and to grow the network in order to meet new/changing customer requirements.  Performance Work Statement (PWS) at 1.  In general terms, the PWS detailed the background and scope of the solicited support services and listed the labor categories, labor hours, experience, education, and certifications for contractor personnel to perform the various tasks and subtasks.  See, e.g., PWS at 3-18, 33. The RFP contemplates issuance of a fixed-price task order with a 1-year base period, three 1-year option periods, and one 6-month extension of services period.  RFP at 1.  The solicitation stated that the task order would be issued on a best-value tradeoff basis, considering two evaluation factors:  technical/management approach (hereinafter, technical) and price.  Id. at 10-11, 14.  The technical factor was comprised of the following four subfactors, in descending order of importance:  management approach; operations, maintenance and sustainment support services approach; migration and implementation engineering support services approach; and small business participation plan.  Id. at 11-12.  Each technical subfactor was in turn comprised of elements on which the agency’s evaluation would be based.  Id.  As relevant to this protest, here, the management approach subfactor consisted of two elements--the offeror’s[3] staffing plan, and the offeror’s resumes for key personnel.  Id. at 11-12. Of the various labor categories listed in the RFP, the RFP identified seven functional positions as key personnel (the program manager, chief architect, cyber lead, infrastructure tier III lead, server tier III lead, desktop tier III lead, and identity management subject matter expert).  Id. at 6.  The solicitation required the key personnel to possess demonstrated experience in the different skill sets required and functions to be performed.  Offerors were instructed to submit resumes for each proposed key person that described the individual’s qualifications and capabilities, including education, relevant certifications, and relevant experience in terms of years, skills, positions and levels (senior, junior, entry level).  Id.