ICF Incorporated, LLC (W911QY-20-R-0020)

B-419485.4,B-419485.5 Jun 26, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights ICF Incorporated, LLC, of Fairfax, Virginia, protests the award of a contract to STS International, Inc., of Berkley Springs, West Virginia, under request for proposals (RFP) No. W911QY-20-R-0020, issued by the Department of the Army for combat field service team equipment services. ICF argues that the agency misevaluated proposals and made an unreasonable source selection decision. We dismiss the protest in part, and deny it in part. 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: ICF Incorporated, LLC File: B-419485.4; B-419485.5 Date: June 26, 2023 Kelly E. Buroker, Esq., Kevin P. Connelly, Esq., Jeffrey M. Lowry, Esq., and Tamara Droubi, Esq., Vedder Price PC, for the protester. Brian A. Darst, Esq., Odin Feldman Pittleman PC, for STS International, Inc., the intervenor. Fadette Berthold, Esq., and Jonathan A. Hardage, Esq., Department of the Army, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s evaluation of proposals and source selection decision is dismissed in part, and denied in part, where the record shows that the agency’s evaluation and source selection were reasonable, rational, and consistent with the terms of the solicitation and applicable statues and regulations. DECISION ICF Incorporated, LLC, of Fairfax, Virginia, protests the award of a contract to STS International, Inc., of Berkley Springs, West Virginia, under request for proposals (RFP) No. W911QY-20-R-0020, issued by the Department of the Army for combat field service team equipment services. ICF argues that the agency misevaluated proposals and made an unreasonable source selection decision. We dismiss the protest in part, and deny it in part. BACKGROUND This is our third occasion to consider the propriety of the agency’s actions in connection with this acquisition. The agency originally awarded a contract to STS in December 2020 and ICF filed its first protest challenging that award. In response to this protest, prior to the deadline for submission of the agency report, the agency advised our Office that it intended to take corrective action. Based on the agency’s proposed corrective action, we dismissed ICF’s first protest as academic. ICF Incorporated, LLC, B-419485, Jan. 19, 2021 (unpublished decision). Thereafter, the agency performed its corrective action and again awarded the contract to STS in November 2021. After being advised of the agency’s selection decision and requesting and receiving a debriefing, ICF filed a second protest with our Office in December 2021. The agency provided a detailed report in response to that protest. After reviewing the agency’s report, ICF filed a supplemental protest with our Office, alleging, among other things, that one of STS’s proposed key employees was no longer available to perform on the contract. After reviewing ICF’s supplemental protest, the agency advised our Office that it intended to take corrective action in response to ICF’s allegation relating to the availability of STS’s key personnel. The agency advised our Office as follows: Specifically, the concern that has prompted the Army’s decision to take corrective action is the following supplemental allegation made by ICF for the first time in its January 31, 2022 filing: “STS’s Technical Proposal Should Have Been Rated Unacceptable Due to the Unavailability of One of Its Identified Key Personnel[.]” Agency Report (AR) Exh. 13, Agency Corrective Action Letter, Feb. 4, 2022, at 1-2. The agency advised that it would reopen discussions with all offerors in the competitive range, and specifically would seek updated information relating to their proposed key personnel; obtain and evaluate revised proposals; and make a new source selection decision. Id. at 2. Based on the agency’s proposed corrective action, we dismissed ICF’s second protest as academic. ICF Incorporated, LLC, B-419485.2, B-419485.3, Feb. 4, 2022 (unpublished decision). The agency engaged in its proposed corrective action and made award of the contract to STS for a third time in March 2023. After being advised of the agency’s latest selection decision, ICF filed its current protest with our Office raising various allegations, discussed in detail below. The RFP contemplates the award, on a best-value tradeoff basis, of an indefinite-delivery, indefinite-quantity fixed-price contract to perform the solicited requirements for a single 5-year period of performance. RFP at 13.[1] Firms were advised that award would be based on consideration of price, and several non-price factors.