PAE Applied Technologies, LLC (N00421-18-R-0038)
Case: B-419133
Agency: Department of the Navy : Naval Air Systems Command
Protester: PAE Applied Technologies, LLC
Date: 2020-11-04
Denied
B-419133
Nov 04, 2020
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Highlights
PAE Applied Technologies, LLC, of Fort Worth, Texas, protests the award of a contract to Reliance Test & Technology, LLC, of Crestview, Florida, under request for proposals (RFP) No. N00421-18-R-0038, which was issued by the Department of the Navy, Naval Air Systems Command, for technical support services for the Atlantic Test Range (ATR) and the Atlantic Targets and Marine Operations (ATMO) Division. PAE challenges the agency's evaluation of proposals and resulting source selection decision.
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: PAE Applied Technologies, LLC
File: B-419133
Date: November 4, 2020
Robert Nichols, Esq., David Z. Bodenheimer, Esq., Samuel Van Kopp, Esq., and Andrew Victor, Esq., Nichols Liu LLP, for the protester.
Douglas L. Patin, Esq., Patrick R. Quigley, Esq., Aron C. Beezley, Esq., Lisa A. Markman, Esq., and Robert J. Symon, Esq., Bradley Arant Boult Cummings LLP, for Reliance Test & Technology, LLC, the intervenor.
Heather B. Norris, Esq., Thomas J. Florip, Esq., Andrew Campos, Esq., Veronika Sawyer, Esq., Stephanie A. Polk, Esq., and Morgan Geirhart, Esq., Department of the Navy, for the agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the evaluation of the protester’s proposal as unacceptable is denied because the agency reasonably found that one of the protester’s proposed key personnel ceased to be a returning incumbent hire after he had resigned from the incumbent contract, the protester confirmed that the key person had accepted another position, left its subcontractor’s employ, and had not affirmatively responded to the protester’s offers to negotiate employment.
DECISION
PAE Applied Technologies, LLC, of Fort Worth, Texas, protests the award of a contract to Reliance Test & Technology, LLC, of Crestview, Florida, under request for proposals (RFP) No. N00421-18-R-0038, which was issued by the Department of the Navy, Naval Air Systems Command, for technical support services for the Atlantic Test Range (ATR) and the Atlantic Targets and Marine Operations (ATMO) Division. PAE challenges the agency’s evaluation of proposals and resulting source selection decision.
We deny the protest.
BACKGROUND
The RFP, which was issued on May 21, 2019, and subsequently amended five times, sought proposals for technical support services, including research and development, engineering, maintenance, operation, support of facilities, systems, and equipment in order to meet the engineering development and operational testing and fleet training missions conducted by the ATR and the ATMO Division. RFP, amend. No. 2, Statement of Work at 4. The ATR and ATMO Division both support the Naval Air Warfare Center Aircraft Division, which is the steward of the ranges, test facilities, laboratories, and aircraft necessary to support engineering development of the Fleet’s acquisition requirements. Id. The protester is the incumbent for the current requirements. RFP, amend. No. 5, at 28.
The RFP contemplated the award of a single primarily cost-plus-fixed-fee contract, with a base year and nine, 1-year options. RFP at 4. Award was to be made on a best-value tradeoff basis, considering the following evaluation factors: (1) mission support; (2) corporate experience; (3) past performance; and (4) cost. Id. at 302. The non-price factors were of equal importance, were individually more important than price, and, when combined, were significantly more important than price. Id. Only the key personnel element of the mission support factor is relevant here.
Under the mission support factor, offerors were required to identify and submit resumes for three proposed key positions: (1) Engineer, Radar Cross Section (RCS), Senior (hereinafter, RCS Engineer); (2) General Operations Manager, Senior; and (3) Operations Manager, Aerial Targets Site Lead, Journeyman. RFP, amend. No.
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