Journey Aviation , LLC (15F067-20-R-0000051)

B-419368.2,B-419368.3 Jun 02, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Journey Aviation LLC (Journey), a small business, of Boca Raton, Florida, protests the award of a contract to Tenax Aerospace Holdings, LLC (Tenax), a small business, of Madison, Mississippi, under request for proposals (RFP) No. 15F067-20-R-0000051, issued by the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), for the lease of an ultra-long-range aircraft to provide rapid response transportation for DOJ personnel world-wide. Journey argues that the award to Tenax was improper because the agency's evaluation of proposals was unreasonable. We deny the protest. 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:  Journey Aviation LLC File:  B-419368.2; B-419368.3 Date:  June 2, 2021 David R. Warner, Esq., Tyler J. Freiberger, Esq., and Heather B. Mims, Esq., Centre Law & Consulting LLC, for the protester. Katherine B. Burrows, Esq., Lauren Brier, Esq., Samuel S. Finnerty, Esq., and Timothy F. Valley, Esq., Piliero Mazza PLLC, for Tenax Aerospace, Holdings, LLC, the intervenor. Michael Giordano, Esq., Department of Justice, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester’s proposal was reasonably assessed a deficiency by the agency, where the proposal included a general statement of compliance with solicitation requirements and the agency reasonably determined this was not sufficient to demonstrate the protester’s ability to meet a specific material requirement. DECISION   Journey Aviation LLC (Journey), a small business, of Boca Raton, Florida, protests the award of a contract to Tenax Aerospace Holdings, LLC (Tenax), a small business, of Madison, Mississippi, under request for proposals (RFP) No. 15F067-20-R-0000051, issued by the Department of Justice (DOJ), Federal Bureau of Investigation (FBI), for the lease of an ultra‑long‑range aircraft to provide rapid response transportation for DOJ personnel world-wide.  Journey argues that the award to Tenax was improper because the agency’s evaluation of proposals was unreasonable.  We deny the protest. BACKGROUND The FBI issued the RFP on April 22, 2020, as a total small business set‑aside under Federal Acquisition Regulation parts 12 and 15 procedures.  The agency seeks to lease a dedicated aircraft that will transport DOJ personnel around the world in support of counterterrorism and other FBI investigations.  Agency Report (AR), Tab 4, RFP at 1; AR, Tab 5, RFP attach. 1, Statement of Work (SOW) at 1; AR, Tab 7, RFP attach. 3, Instructions/Basis for Award at 2.[1]  This aircraft will also provide transportation support for the Attorney General of the United States and the Director of the FBI.  SOW at 1.  The solicitation contemplates the award of a single fixed‑price contract with a 1‑year base period and four 1‑year option periods.  RFP at 4-5.  The RFP provides for contract award on a best-value tradeoff basis, considering the following four factors, in order of importance:  (1) corporate experience; (2) aircraft configuration and specification; (3) past performance; and (4) price.[2]  RFP at 49‑50; AR, Tab 7, RFP attach. 3, Instructions/Basis for Award at 2.  When combined, the non-price evaluation factors are significantly more important than price.  AR, Tab 7, RFP attach. 3, Instructions/Basis for Award at 2, 4. Six offerors, including Journey and Tenax, submitted proposals.  AR, Tab 1, Contracting Officer’s Statement (COS) at 1.  After evaluating the proposals, the agency made award to Journey on September 29, 2020, which Tenax protested with our Office.  Id.  We dismissed the protest as academic upon notification from the agency that it was taking corrective action which would consist of reevaluating proposals and making a new award decision.  Tenax Aviation, LLC, B-419368, Nov. 17, 2020 (unpublished decision).  The agency issued clarification questions and informed offerors that if the FBI did not receive a response, the FBI would deem the offeror no longer interested in the procurement and its proposal would not be evaluated.  AR, Tab 11, Source Selection Evaluation Board (SSEB) Report at 1.[3]  The agency issued these clarifications to confirm the availability of the proposed aircraft and to confirm the validity of the proposed pricing.  COS at 1. For the reevaluation, the agency replaced several members of the original SSEB, as well as the contracting officer, who also served as the source selection authority (SSA).  COS at 1-2.  Only four of the original six offerors responded to the agency’s clarifications.  See AR, Tab 11, SSEB Report at 1‑2.  Upon reevaluation, the contracting officer determined a competitive range was in ...