Lion Vallen, Inc. (M67004-20-R-0012)
Case: B-418503
Agency: Department of Defense : United States Marine Corps
Protester: Lion Vallen, Inc.
Date: 2020-05-29
Denied
B-418503,B-418503.2
May 29, 2020
Jump To
FULL REPORT
VIEW DECISION
RELATED PAGES
GAO CONTACTS
Highlights
Lion Vallen, Inc. (LVI), of Dayton, Ohio, protests the terms of request for proposals (RFP) No. M67004-20-R-0012, which was issued by the United States Marine Corps for operational management and equipment readiness support services. LVI argues that the Marine Corps improperly disclosed its proprietary information and that the current RFP does not adequately mitigate the competitive disadvantage to the protester stemming from the disclosures. The protester also argues that the agency failed to conduct a reasonable investigation of whether the disclosure violated the procurement integrity provisions of the Office of Federal Procurement Policy Act, 41 U.S.C. §§ 2101-2107, known as the Procurement Integrity Act (PIA), and that the RFP does not adequately address organizational conflicts of interest (OCIs).
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 redacted version has been approved for public release.
Decision
Matter of: Lion Vallen, Inc.
File: B-418503; B-418503.2
Date: May 29, 2020
Francis E. Purcell, Jr., Esq., and Joseph R. Berger, Esq., Thompson Hine LLP, for the protester.
Ellen Brandau Clark, Esq., and Robert J. Drone, Esq., United States Marine Corps, for the agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the agency’s response to prior disclosures of the protester’s proprietary information is denied where the agency reasonably amended the solicitation to mitigate the competitive harm to the protester.
2. Protest that the agency did not adequately investigate a potential Procurement Integrity Act violation is denied where the agency reasonably concluded that no violation occurred because there was not a knowing disclosure of information by the agency.
3. Protest that a solicitation fails to address an organizational conflict of interest is denied where the agency reasonably addressed the potential conflict.
DECISION
Lion Vallen, Inc. (LVI), of Dayton, Ohio, protests the terms of request for proposals (RFP) No. M67004-20-R-0012, which was issued by the United States Marine Corps for operational management and equipment readiness support services. LVI argues that the Marine Corps improperly disclosed its proprietary information and that the current RFP does not adequately mitigate the competitive disadvantage to the protester stemming from the disclosures. The protester also argues that the agency failed to conduct a reasonable investigation of whether the disclosure violated the procurement integrity provisions of the Office of Federal Procurement Policy Act, 41 U.S.C.§§ 2101-2107, known as the Procurement Integrity Act (PIA), and that the RFP does not adequately address organizational conflicts of interest (OCIs).
We deny the protest.
BACKGROUND
This procurement concerns the Marine Corps’s Consolidated Storage Program (CSP), which provides the Marine Corps with operational management and equipment readiness for Marines going to or from combat areas or training exercises. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2.[1] The CSP program provides a “single access point” for worldwide distribution of equipment to Marines. Id. The contractor will be required to provide the following services for clothing and equipment: “item management, accountability, Total Asset Visibility. . ., warehousing, laundry and repair, inventory management and lifecycle management of equipment (including disposal).” Agency Report (AR), Tab 1, 2020 RFP at 21.[2]
The agency describes the CSP as “a mature agency requirement” that has been the subject of numerous competitive procurements. COS/MOL at 2. LVI was awarded a contract for the CSP requirements in December 2000, and was the incumbent contractor until September 2017. Id. Since that time, LVI has been a subcontractor to the current incumbent contractor, PrimeTech International, Inc. Id.
The Marine Corps issued RFP No.
Full decision text continues on ProtestIntel...