Dawson Solutions, LLC (W91249-20-R-0003)
Case: B-418587
Agency:
Protester: Dawson Solutions, LLC
Date: 2020-06-19
Denied
B-418587,B-418587.2
Jun 19, 2020
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Highlights
Dawson Solutions, LLC (Dawson), a small business of Huntsville, Alabama, protests the award of a contract to Kupono Government Services, LLC (Kupono), a small business of Orlando, Florida, under request for proposals (RFP) No. W91249-20-R-0003, issued by the Department of the Army, Mission and Installation Contracting Command, for Information Technology (IT) services at Fort Gordon in Georgia. The protester contends that the agency's technical evaluation of key personnel was inconsistent with the terms of the solicitation, and that the agency treated the offerors disparately with regard to the technical evaluation and conduct of clarifications. The protester also challenges various other aspects of the agency's evaluation.
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 version has been approved for public release.
Decision
Matter of: Dawson Solutions, LLC
File: B-418587; B-418587.2
Date: June 19, 2020
Kristin Zachman, Esq., and Johnathan Bailey, Esq., Bailey & Bailey, PC, for the protester.
Damien C. Specht, Esq., James Tucker, Esq., and Victoria D. Angle, Esq., Morrison & Foerster LLP, for Kupono Government Services, LLC, the intervenor.
Robert B. Neill, Esq., Susan Kim, Esq., Scott N. Flesch, Esq., and Andrew J. Smith, Esq., Department of the Army, for the agency.
Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging a contracting agency’s evaluation of the protester’s proposed key personnel is denied where the agency’s evaluation was reasonable and in accordance with the solicitation criteria.
2. Protest alleging that the agency evaluated the protester’s and the awardee’s proposals on an unequal basis is denied where the protester has not shown that the differences in ratings did not stem from differences in the proposals.
3. Protest alleging that the agency requested clarifications on an unequal basis is denied where the record shows that the agency sought only clarifications from the awardee, in contrast to any exchanges the protester argues the agency was required to conduct regarding deficiencies in protester’s proposal, which would have constituted discussions.
4. Protester is not an interested party to challenge other aspects of the evaluation where its proposal was reasonably evaluated as technically unacceptable.
DECISION
Dawson Solutions, LLC (Dawson), a small business of Huntsville, Alabama, protests the award of a contract to Kupono Government Services, LLC (Kupono), a small business of Orlando, Florida, under request for proposals (RFP) No. W91249-20-R-0003, issued by the Department of the Army, Mission and Installation Contracting Command, for Information Technology (IT) services at Fort Gordon in Georgia. The protester contends that the agency’s technical evaluation of key personnel was inconsistent with the terms of the solicitation, and that the agency treated the offerors disparately with regard to the technical evaluation and conduct of clarifications. The protester also challenges various other aspects of the agency’s evaluation.
We deny the protest.
BACKGROUND
On November 21, 2019, the army issued the RFP as a set-aside procurement for small businesses in the Small Business Administration’s 8(a) program[1] to provide IT services in support of the Cyber Center of Excellence (CCoE) G-6 mission.[2] Agency Report (AR), Tab 6, RFP at 1, 58, 86[3] The RFP contemplated the award of a fixed-price contract with a 1-year base period and two 1-year options. RFP at 32-33, 57. The RFP provided for award on a best-value basis and established the following evaluation factors, listed in descending order of importance: (1) technical capability; (2) past performance; and (3) price. RFP at 79‑80. The technical capability factor included five subfactors: (1) key personnel; (2) staffing; (3) cyber virtualized training network; (4) IT project management; and (5) cyber security services. Id. at 79. The technical capability factor was significantly more important than the past performance factor, and the non-price factors, when combined, were significantly more important than price. Id. at 79‑80.
Relevant to this protest, under the addendum to Federal Acquisition Regulation (FAR) clause 52.212‑1, the RFP instructed offerors to include the following information in their proposals regarding key personnel:
Provide name and Resumes/Curriculum Vitae (CV) of all key personnel along with letters of commitment, which shall adequately and explicitly address key personnel, relevant past experience and how their experience and qualifications are relevant to this requirement.
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