Navarro Research and Engineering, Inc. (89303019RLM000002)
Case: B-418602
Agency: Department of Energy
Protester: Navarro Research and Engineering, Inc.
Date: 2020-06-10
Denied
B-418602.2,B-418602.5
Jun 10, 2020
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Highlights
Navarro Research and Engineering, Inc., of Oak Ridge, Tennessee, the incumbent contractor, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to RSI EnTech, LLC, also of Oak Ridge, Tennessee, under request for proposals (RFP) No. 89303019RLM000002, issued by the Department of Energy (DOE) for legacy management support services. Navarro alleges that the agency unreasonably evaluated proposals.
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: Navarro Research and Engineering, Inc.
File: B-418602.2; B-418602.5
Date: June 10, 2020
Richard P. Rector, Esq., Samuel Knowles, Esq., Thomas E. Daley, Esq., and Ryan P. Carpenter, Esq., DLA Piper LLP (US), for the protester.
Damien C. Specht, Esq., James A. Tucker, Esq., Rachael K. Plymale, Esq., and Caitlin A. Crujido, Esq., Morrison & Foerster LLP, for RSI EnTech, LLC, the intervenor.
Kevin R. Hilferty, Esq., Stephanie Villalta, Esq., James Jurich, Esq., Stephanie B. Young, Esq., Joshuah Turner, Esq., and Marianna Lvovsky, Esq., Department of Energy, for the agency.
Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the agency unreasonably evaluated the protester’s proposal is denied where the record shows that the evaluation was consistent with terms of the solicitation and all applicable statutes and regulations.
2. Protest that the agency unreasonably evaluated the awardee’s proposal and improperly made its source selection decision is dismissed where the protester was ranked third overall and would not be in line for award in the event its allegations were sustained.
DECISION
Navarro Research and Engineering, Inc., of Oak Ridge, Tennessee, the incumbent contractor, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to RSI EnTech, LLC, also of Oak Ridge, Tennessee, under request for proposals (RFP) No. 89303019RLM000002, issued by the Department of Energy (DOE) for legacy management support services. Navarro alleges that the agency unreasonably evaluated proposals.
We deny the protest.
BACKGROUND
On July 1, 2019, DOE issued the RFP to obtain support services for the agency’s Office of Legacy Management, which conducts nuclear and chemical weapon post‑closure operations. Agency Report (AR), Tab A.1, RFP at 1, 3; RFP, attach. A, Statement of Work (SOW) at 2. The selected contractor would perform the following tasks: operate and maintain remedial action systems; perform routine inspections; maintain soil and groundwater treatment; monitoring services; waste disposal; and information management. SOW at 4. The RFP contemplated the issuance of fixed-price, time‑and‑materials/labor hour, cost-plus-fixed-fee, or hybrid task orders to be performed over a 60-month ordering period and a 6-month extension period. RFP at 3.
Award would be made on a best-value tradeoff basis considering price and technical factors. RFP at 102-103. Proposed prices would be evaluated for reasonableness and completeness. Id. at 103. Technical approaches would be evaluated under the following four factors, listed in descending order of importance: technical and capability approach; management approach; teaming approach; and past performance.[1] Id. The technical factors, when combined, were significantly more important than the price factor; however, the price factor would be determinative in the event that technical proposals were similar in merit. Id.
Five offerors, including Navarro and RSI, submitted proposals by the September 30, 2019, closing date. AR, Tab B.2, Source Selection Decision Document (SSDD) at 4. The agency’s evaluation produced the following relevant results:
Navarro
RSI
Technical and Capabilities Approach
Outstanding
Outstanding
Management Approach
Outstanding
Outstanding
Teaming Approach
Outstanding
Outstanding
Past Performance
Significant Confidence
Significant Confidence
Price
$283,976,914
$190,687,753
Id. at 6, 14. The source selection authority (SSA) determined that RSI’s proposal was more advantageous than Navarro’s proposal under the technical and capabilities approach, and management approach factors. Id. at 6-10, 18.
Specifically, the SSA noted that RSI’s technical and capabilities approach included a superior quality control plan, and demonstrated extensive experience in developing, maintaining, and recertifying Occupational Safety and Health Administration Voluntary Protection Programs and streamlined approach to long-term surveillance and maintenance. Id.
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