Solers Inc., a Peraton Company (831812879)
Case: B-418500
Agency: Department of Defense : Defense Information Systems Agency
Protester: Solers Inc., a Peraton Company
Date: 2020-07-31
Denied
B-418500.2,B-418500.3,B-418500.4,B-418500.5
Jul 31, 2020
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Highlights
Solers Inc., a Peraton Company, of Arlington, Virginia, protests the issuance of a task order to Booz Allen Hamilton Inc., of McLean, Virginia, under request for proposals (RFP) No. 831812879, issued by the Defense Information Systems Agency (DISA), for support services for DISA's Development and Business Center, Business Cyber Development Directorate. The protester contends that the Booz Allen proposal contains an unmitigated organizational conflict of interest (OCI) and should have been deemed ineligible for award. The protester also contends that the agency's evaluation is unreasonable and disparate, and as a result, the selection decision is flawed.
We deny the protest.
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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: Solers Inc., a Peraton Company
File: B-418500.2; B-418500.3; B-418500.4; B-418500.5
Date: July 31, 2020
Kevin P. Connelly, Esq., Kelly E. Buroker, Esq., Jeffrey M. Lowry, Esq., Kirsten W. Konar, Esq., and Tamara Droubi, Esq., Vedder Price PC, for the protester.
Gary J. Campbell, Esq., G. Matthew Koehl, Esq., and Lidiya Kurin, Esq., Womble Bond Dickinson (US) LLP, for Booz Allen Hamilton Inc., the intervenor.
Colleen A. Eagan, Esq., and Vera A. Strebel, Esq., Defense Information Systems Agency, for the agency.
Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency failed to give adequate consideration to significant organizational conflicts of interest, based on an alleged business partnership between the awardee and the company providing personnel to serve as non-government advisors, is denied where the agency’s investigation was reasonable, and where the protester’s assertions fail to present hard facts indicating the existence of an impermissible conflict.
2. Protest challenging agency’s evaluation of proposals as unreasonable and disparate, and challenge to the source selection decision, are denied where the record shows that the evaluation and selection decision were fair, reasonable, and consistent with the terms of the solicitation.
DECISION
Solers Inc., a Peraton Company, of Arlington, Virginia, protests the issuance of a task order to Booz Allen Hamilton Inc., of McLean, Virginia, under request for proposals (RFP) No. 831812879, issued by the Defense Information Systems Agency (DISA), for support services for DISA’s Development and Business Center, Business Cyber Development Directorate. The protester contends that the Booz Allen proposal contains an unmitigated organizational conflict of interest (OCI) and should have been deemed ineligible for award. The protester also contends that the agency’s evaluation is unreasonable and disparate, and as a result, the selection decision is flawed.
We deny the protest.
BACKGROUND
The RFP was issued on September 4, 2019, pursuant to Federal Acquisition Regulation (FAR) part 16 procedures, to all large business holders of ENCORE III indefinite-delivery, indefinite-quantity (IDIQ) contracts.[1] Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 3. The RFP contemplated award of a fixed-price task order with a 1-year base period and four 1-year option periods. Agency Report (AR), Tab 1, RFP at 1.[2] The task order requires the contractor to support the development and sustainment of the Defense Industrial Base (DIB) Network (DIBNet), a web-based tool used to streamline and automate program activities, and to communicate cyber threat information to, and collaborate with, DIB participants in a secure environment. AR, Tab 1a, Performance Work Statement (PWS) at 1-2.
Proposals were to be evaluated under the following factors: technical/management approach and price. The technical/management approach factor included the following subfactors, which were equal in importance: requirements development and management (PWS 6.2.1); DIBNet architecture (PWS 6.2.2.1); DIBNet engineering (PWS 6.2.2.3); and task order management (PWS 6.1.2). RFP at 4-5. The RFP stated that award would be made on the basis of a best-value tradeoff, where the technical/management approach factor was approximately equal in importance to the price factor. Id. at 4. In addition, the RFP informed offerors that VISTA Technology Services Inc., would provide non-government personnel to be used as advisors on the evaluation team, and that such personnel would have access to all aspects of the proposals. Id.
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