Criterion Systems, Inc. (89233120RNA000086)

B-419749,B-419749.2,B-419749.3 Jul 21, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Criterion Systems, Inc., a small business of Vienna, Virginia, protests the issuance of a task order to McLane Advanced Technologies, LLC, a small business of Vienna, Virginia, by the Department of Energy, National Nuclear Security Administration (NNSA), under request for proposals (RFP) No. 89233120RNA000086 for professional information technology (IT) services to support NNSA’s nuclear materials and weapons transportation missions. Criterion challenges NNSA’s evaluation of the awardee’s total compensation plan and price proposal, as well as those of all intervening offerors. We dismiss in part and deny in part 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:  Criterion Systems, Inc. File:  B-419749; B-419749.2; B-419749.3 Date:  July 21, 2021 David T. Hickey, Esq., Amba M. Datta, Esq., and Ken M. Kanzawa, Esq., Kelley Drye & Warren LLP, for the protester. Scott F. Lane, Esq., Jayna M. Rust, Esq., and Katherine S. Nucci, Esq., Thompson Coburn LLP, for McLane Advanced Technologies, LLC, the intervenor. Anh T. Nguyen, Esq., for the Department of Energy; and Meagan K. Guerzon, Esq., for the Small Business Administration, the agencies. Uri R. Yoo, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protester is an interested party notwithstanding intervening offerors where the protester timely challenged the agency’s evaluation of intervening offerors’ proposals. 2.  Protest that the agency unreasonably failed to compare proposed compensation plans to the current incumbent compensation is dismissed as untimely where the agency expressly advised offerors that it had no access to the incumbent’s compensation information, and the protester did not file a protest prior to the deadline for proposal submission. 3.  Protest challenging remaining aspects of the agency’s evaluation of proposed compensation is denied where the record shows that the agency’s evaluation was reasonable and sufficiently documented. 4.  Protest challenging the agency’s price evaluation is denied where the record shows that the agency’s evaluation of price proposals was reasonable and consistent with the solicitation. DECISION Criterion Systems, Inc., a small business of Vienna, Virginia, protests the issuance of a task order to McLane Advanced Technologies, LLC, a small business of Vienna, Virginia, by the Department of Energy, National Nuclear Security Administration (NNSA), under request for proposals (RFP) No. 89233120RNA000086 for professional information technology (IT) services to support NNSA’s nuclear materials and weapons transportation missions.  Criterion challenges NNSA’s evaluation of the awardee’s total compensation plan and price proposal, as well as those of all intervening offerors.  We dismiss in part and deny in part the protest. BACKGROUND On August 17, 2020, NNSA issued the RFP, contemplating the issuance of a time-and-materials task order with a fixed-price transition, for a base year and four option years.  Agency Report (AR), Tab 1.L(a), RFP at 1-2; AR, Tab 1.L(b), RFP attach. 1, Sections L and M at 12.[1]  The RFP was issued to holders of the Department of the Army’s Computer Hardware Enterprise Software and Solutions (CHESS) IT Enterprise Solutions-3 Services (ITES‑3S) indefinite-delivery, indefinite‑quantity (IDIQ) contracts, as a total set‑aside for small businesses.  The purpose of the task order was to provide information and telecommunications technology services needed to support the NNSA’s Office of Secure Transportation at various locations.  RFP at 1; AR, Tab 1.L(c), RFP attach. 3, Performance Work Statement (PWS) at 1.  Award was to be made to the firm that submitted a technically acceptable offer with the lowest evaluated price (i.e., on a lowest-priced, technically acceptable basis).  RFP at 13.  The solicitation set out four technical capability subfactors for determining technical acceptability:  security requirements; key personnel qualifications; total compensation plan; and contract management plan.  Id. 13-15.  Under the total compensation plan subfactor, each offeror was required to provide a “Total Compensation Plan (TCP) for all incumbent personnel proposed, in accordance with . . . [Federal Acquisition Regulation (FAR) provision] 52.222‑46” and to address various aspects of its compensation plan in specified areas:  salary and fringe benefits; and staffing and critical skills retention.  Id.