CACI, Inc.-Federal (W52P1J-20-R-INC4)
Case: B-419499
Agency:
Protester: CACI, Inc.-Federal
Date: 2021-03-16
Dismissed
B-419499
Mar 16, 2021
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Highlights
CACI, Inc.-Federal, of Chantilly, Virginia, protests the issuance of a delivery order to Telos Corporation, of Ashburn, Virginia, under request for delivery order proposals (RFDOP) No. W52P1J-20-R-INC4, issued by the Department of the Army for the Yongsan Relocation Program (YRP)/Land Partnership Plan (LPP) increment 4 (INC 4) requirement. CACI alleges that Telos was not an eligible offeror and should have been disqualified from receiving the delivery order award.
We dismiss 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: CACI, Inc.-Federal
File: B-419499
Date: March 16, 2021
Sharon L. Larkin, Esq., and James M. Larkin, Esq., The Larkin Law Group LLP, for the protester.
Katherine B. Burrows, Esq., Isaias Alba, IV, Esq., and Anna R. Wright, Esq., PilieroMazza PLLC, for Telos Corporation, the intervenor.
Jonathan A. Hardage, Esq., Department of the Army, for the agency.
Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that agency improperly waived a material solicitation requirement on behalf of the awardee, and should have excluded the awardee from competing, is dismissed because the protester fails to demonstrate that it is an interested party to pursue this challenge.
DECISION
CACI, Inc.-Federal, of Chantilly, Virginia, protests the issuance of a delivery order to Telos Corporation, of Ashburn, Virginia, under request for delivery order proposals (RFDOP) No. W52P1J-20-R-INC4, issued by the Department of the Army for the Yongsan Relocation Program (YRP)/Land Partnership Plan (LPP) increment 4 (INC 4) requirement. CACI alleges that Telos was not an eligible offeror and should have been disqualified from receiving the delivery order award.
We dismiss the protest.
BACKGROUND
The United States maintains a significant military presence in support of the defense of South Korea; at present time, United States Forces Korea (USFK) is comprised of 28,500 U.S. soldiers, sailors, airmen, and marines. See www.usfk.mil/ (last visited Mar. 3, 2021). Also, since 2001, U.S. military bases in South Korea have undergone a major process of consolidation and relocation as part of the United States – South Korean LPP. Defense Management: Comprehensive Cost Information and Analysis of Alternatives Needed to Assess Military Posture in Asia, GAO-11-316 at 8-21 (May 2011). In 2018, the USFK headquarters was relocated from Yongsan (one of the districts in the city of Seoul), South Korea, to Camp Humphreys (Pyeongtaek), South Korea. The YRP/LPP INC 4 project addresses the final phases of the USFK relocation and realignment mission, including critical command, control, communications, computers, and intelligence infrastructure and services. Agency Report (AR), Tab 7, Statement of Work at 9.
The RFDOP[1] was issued on May 19, 2020, to holders of General Services Administration (GSA) Alliant 2 governmentwide acquisition contracts, pursuant to the procedures of Federal Acquisition Regulation subpart 16.5.[2] AR, Tab 4, RFDOP at 2; Contracting Officer’s Statement (COS) and Memorandum of Law (MOL) at 4. The solicitation contemplated the issuance of a cost-plus-fixed-fee delivery order for a 5-year period. The RFDOP established that the evaluation of proposals would be conducted using a two-step approach. RFDOP at 16-17. In the first step, offerors would be evaluated, on a “go/no go” basis, on a series of “gate” criteria (e.g., export controls compliance). Id. In the second step, offerors would be evaluated--and delivery order issuance would be made on a best-value tradeoff basis--on three evaluation factors: (1) management; (2) technical competency and experience (technical competency); and (3) cost. Id. at 16, 18. The management factor was more important than the technical competency factor, and the two non-cost factors, when combined, were significantly more important than cost. Id. at 18.
Additionally, relevant to the protest here, the solicitation stated that,
Offerors shall submit a notice of intent to propose on this RFDOP by [May 21, 2020, 3:00 p.m. Central Time]. The notice shall be in a form of an electronic communication and shall contain at least the Company name and Point of Contact. In response, the Government will reply with a pseudonym assignment for the Company for use in its proposal (in lieu of the Company’s name).[3]
Id. at 3.
Three GSA Alliant 2 contract holders, including CACI and Offeror C, submitted intent-to- propose notices by the May 21 due date. AR, Tab 30, Supp.
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