TMPC Inc. (H9240021R0001)

B-419554,B-419554.2 Apr 23, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights TMPC Inc., a small business of Tampa, Florida, protests the award of a contract to Sunik, LLC, a small business of Herndon, Virginia, by the Department of Defense (DOD), United States Special Operations Command, under request for proposals (RFP) No. H92400-21-R-0001 for support personnel to assist the Directorate of Logistics in implementing and systematically maintaining the Defense Property Accountability System Warehouse, Maintenance & Utilization, Registry, Property Accountability, Force Management, and Materiel Management modules across all Special Operation Forces' supply support activities. The protester contends that the agency's evaluation of its key personnel is unreasonable, and that award to Sunik creates an impaired objectivity organizational conflict of interest. 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:  TMPC Inc. File:  B-419554; B-419554.2 Date:  April 23, 2021 Shane M. McCall, Esq., Nicole D. Pottroff, Esq., Quinten R. Fisher, Esq., and Christopher S. Coleman, Esq., Koprince Law, LLC, for the protester. C. Peter Dungan, Esq., Alfred M. Wurglitz, Esq., Roger V. Abbott, Esq., and Jarrod R. Carman, Esq., Miles & Stockbridge P.C., for Sunik, LLC, the intervenor. Colonel Patricia S. Wiegman-Lenz, and Isabelle P. Cutting, Esq., Department of Defense, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the evaluation of the protester’s key personnel is denied where the record shows that the agency’s evaluation was reasonable and consistent with the terms of the solicitation. DECISION   TMPC Inc., a small business of Tampa, Florida, protests the award of a contract to Sunik, LLC, a small business of Herndon, Virginia, by the Department of Defense (DOD), United States Special Operations Command, under request for proposals (RFP) No. H92400-21-R-0001 for support personnel to assist the Directorate of Logistics in implementing and systematically maintaining the Defense Property Accountability SystemWarehouse, Maintenance & Utilization, Registry, Property Accountability, Force Management, and Materiel Management modules across all Special Operation Forces’ supply support activities.  The protester contends that the agency’s evaluation of its key personnel is unreasonable, and that award to Sunik creates an impaired objectivity organizational conflict of interest. We deny the protest. BACKGROUND The RFP was issued on September 30, 2020, using the negotiated acquisition procedures of Federal Acquisition Regulation (FAR) part 15, and set aside for 8(a) small businesses.[1]  The RFP contemplated the award of a hybrid fixed-price and cost- reimbursement contract consisting of a 1-year base period and four 1-year option periods.  Agency Report (AR), Tab 6, RFP at 1-6, 30.  The RFP included the following three evaluation factors:  key personnel, management approach, and price/cost.  Id. at 55.  As relevant here, the RFP identified two key personnel positions:  program manager and senior portfolio item manager.  Id. at 38-39.  For each key personnel position, the RFP provided specific minimum skill and experience qualifications and required that “[f]or each proposed candidate, the Offeror shall include a resume that provides information validating [the] required qualification and experience.”  Id. at 50.  The key personnel factor was to be assigned a rating of acceptable or unacceptable.  Id. at 55.  The RFP further stated:  “An evaluation result of ‘Unacceptable’ in Factor 1 [Key Personnel] will make the offeror’s proposal unawardable and no further evaluation will take place.”  Id. The agency received four proposals, including from TMPC and Sunik, by the October 30 due date, and oral presentations were conducted on November 12 and 13.[2]  Contracting Officer’s Statement (COS) at 8-9.  In its evaluation of TMPC’s proposal, the agency assigned a rating of unacceptable under the key personnel factor, and did not further evaluate TMPC’s proposal.  AR, Tab 22, Combined Source Selection Evaluation Board (SSEB) Report and Source Selection Decision Document (SSDD) at 8.  On January 20, 2021, in a combined notice of award and post-award written debriefing letter, the agency notified TMPC that a contract was awarded to Sunik, LLC.  AR, Tab 23, TMPC Unsuccessful Offeror Letter at 1.