Babel Street, Inc. (FA7014-20-R-0005)

B-418730 Jun 16, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Babel Street, Inc., a small business of Reston, Virginia, protests the award of a contract to Dataminr, Inc., of New York, New York, under request for proposals (RFP) No. FA7014-20-R-0005, issued by the Department of the Air Force for the publicly available information alerting Department of Defense enterprise license subscription (PADELS) service. The protester contends that the agency engaged in unequal discussions, unreasonably evaluated technical proposals, and performed an impermissible price realism analysis. Protest at 2-3. We dismiss the protest because Babel Street is not an interested party to challenge the award. 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:  Babel Street, Inc. File:  B-418730 Date:  June 16, 2020 Damien C. Specht, Esq., R. Locke Belle, Esq., and Victoria Dalcourt Angle, Esq., Morrison & Foerster LLP, for the protester. Seth H. Locke, Esq., Lee P. Curtis, Esq., and Julia M. Fox, Esq., Perkins Coie LLP, for Dataminir, Inc., the intervenor. Kyle E. Gilbertson, Esq., and Alexis J. Bernstein, Esq., Department of the Air Force, for the agency. Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is dismissed where the protester is not an interested party to challenge the agency’s actions because even if its protest grounds were sustained, it would remain ineligible for award. DECISION   Babel Street, Inc., a small business of Reston, Virginia, protests the award of a contract to Dataminr, Inc., of New York, New York, under request for proposals (RFP) No. FA7014-20-R-0005, issued by the Department of the Air Force for the publicly available information alerting Department of Defense enterprise license subscription (PADELS) service.  The protester contends that the agency engaged in unequal discussions, unreasonably evaluated technical proposals, and performed an impermissible price realism analysis.  Protest at 2-3. We dismiss the protest because Babel Street is not an interested party to challenge the award. The RFP, issued on November 13, 2019, was set aside for small businesses and contemplated the award of a contract for a PADELS service.  Protest, exh. A, RFP Memo at 1.  Award was to be made on a best-value tradeoff basis, considering price and non-price factors.  Id.  The non-price factors consisted of an initial gateway factor[1] and, for proposals satisfying the gateway requirement, technical approach and past performance.  Protest, exh. B, RFP attach. B, Proposal Evaluation at 1.  As relevant here, under the past performance factor, the agency would evaluate past performance submissions for recency, relevance, and quality, which together would form the overall past performance adjectival rating.  Id. at 5.  The overall past performance adjectival ratings were substantial confidence, satisfactory confidence, neutral confidence, limited confidence, and no confidence.  Id. at 6.  The RFP stated that “[o]nly Offerors with a past performance confidence rating of ‘Satisfactory’ or ‘Substantial’ will be eligible for award.  Any proposals receiving a confidence rating below ‘Satisfactory’ for past performance will not be eligible for award.”  Id. at 5. On April 23, 2020, the agency advised Babel Street of the award to Dataminr.  Protest, exh. H, Notice of Unsuccessful Offeror.  The award notice also informed the protester that its technical rating was unacceptable, its total evaluated price was considered not fair and reasonable, and its overall past performance adjectival rating was limited confidence.  Id.