Tridentis LLC (N0017819R3500)
Case: B-418690
Agency: Department of the Navy : Naval Sea Systems Command
Protester: Tridentis LLC
Date: 2021-01-05
Denied
B-418690.4
Jan 05, 2021
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Highlights
Tridentis, LLC, a small business of Alexandria, Virginia, protests the disqualification of its proposal by the Department of the Navy, Naval Sea Systems Command, under request for proposals (RFP) No. N00178-19-R-3500, issued for ship integration services. Tridentis argues that its proposal was unreasonably excluded for not meeting a solicitation requirement that involved a matter of responsibility, and, therefore was able to be fulfilled prior to award. The protester also argues that it demonstrated its compliance with the solicitation requirement at the time of proposal submission.
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: Tridentis, LLC
File: B-418690.4
Date: January 5, 2021
Alexander B. Ginsburg, Esq., Robert C. Starling, Esq., Meghan Doherty, Esq, and Dinesh Dharmadasa, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester.
James J. McCullough, Esq., and Michael J. Anstett, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for Marine Systems Corporation, an intervenor.
Candice Thomas, Esq., Matthew Hawkins, Esq., Department of the Navy, for the agency.
Katherine I. Riback, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the agency’s rejection of the protester’s proposal as technically unacceptable is denied, where the protester failed to establish that it possessed a facility security clearance on the due date for receipt of proposals, as required by the solicitation.
DECISION
Tridentis, LLC, a small business of Alexandria, Virginia, protests the disqualification of its proposal by the Department of the Navy, Naval Sea Systems Command, under request for proposals (RFP) No. N00178-19-R-3500, issued for ship integration services. Tridentis argues that its proposal was unreasonably excluded for not meeting a solicitation requirement that involved a matter of responsibility, and, therefore was able to be fulfilled prior to award. The protester also argues that it demonstrated its compliance with the solicitation requirement at the time of proposal submission.
We deny the protest.
BACKGROUND
On May 23, 2019, the agency issued the solicitation, as a small business set-aside, under the Navy’s Seaport-Next Generation (SeaPort-NXG) multiple award contract. Agency Report (AR), Tab 1, RFP at 2-3.[1] The solicitation, as amended, contemplated the award of a cost-plus-fixed-fee, level-of-effort task order with a base year and four 1‑year options. Id. at 50, 68. Award was to be made to the responsible offeror whose proposal represented the best value, considering the following factors, listed in descending order of importance: technical understanding/capability/approach, workforce, management, past performance, and cost. Id. at 71.
Procedural History
The agency received three proposals in response to the solicitation, including those of Tridentis and Marine Systems Corporation (MSC). Combined Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2. On April 15, 2020, after evaluating proposals, the agency concluded that MSC represented the best value to the government, and advised Tridentis of the outcome of the competition.
On April 27, Tridentis filed a protest with our Office. Protest (B-418690). In its protest, Tridentis challenged various aspects of the agency’s evaluation of its proposal, as well as the agency’s best-value determination. After receipt of the agency report and additional documents, the protester filed supplemental protest grounds, concerning the agency’s evaluation of MSC’s proposal. Comments and Supp. Protest (B-418690.2) at 2-4.
On June 15, the agency notified our Office of its intent to take corrective action, stating its intent to reevaluate offerors’ past performance and to conduct a new best-value determination. Our Office dismissed Tridentis’s protest as academic. Tridentis LLC, B‑418690, B-418690.2, June 19, 2020 (unpublished decision).
On July 5, Tridentis filed a request with GAO that our Office recommend reimbursement of Tridentis’s costs of filing and pursuing its earlier protest. Req.
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