HumanTouch, LLC (N0042121R3000)

Case: B-419880 Agency: Department of the Navy : Naval Air Systems Command Protester: HumanTouch, LLC Date: 2021-08-16 Denied
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B-419880,B-419880.2,B-419880.3 Aug 16, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights HumanTouch, LLC, a small business of McLean, Virginia, protests the issuance of a task order to PSI Pax, Inc., a small business of California, Maryland, under request for proposals (RFP) No. N00421-21-R-3000, issued by the Department of the Navy, Naval Air Systems Command for information technology (IT) services. The protester argues that the agency improperly deemed the firm's proposal ineligible for award, and also contends that the agency evaluated in a disparate manner. 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 version has been approved for public release. Decision Matter of:  HumanTouch, LLC File:  B-419880; B-419880.2; B-419880.3 Date:  August 16, 2021 Norah D. Molnar, Esq., John J. O’Brien, Esq., and Daniel J. Strouse, Esq., Cordatis LLP, for the protester. Paul F. Khoury, Esq., Nicholas L. Perry, Esq., and Jennifer E. Retener, Esq., Wiley Rein LLP, for PSI Pax, Inc., the intervenor. Autumn W. Webster, Esq., Sarah M. Erly, Esq., and Jennifer E. Lee, Esq., Department of the Navy, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging the agency’s determination that the protester’s proposal was ineligible for award for failing to propose and submit a resume for a required key person is denied because the agency’s evaluation was reasonable and consistent with the solicitation. 2.  Protest alleging disparate treatment is denied because the record reflects that the differences in evaluations resulted from differences in the offerors’ proposals. DECISION HumanTouch, LLC, a small business of McLean, Virginia, protests the issuance of a task order to PSI Pax, Inc., a small business of California, Maryland, under request for proposals (RFP) No. N00421-21-R-3000, issued by the Department of the Navy, Naval Air Systems Command for information technology (IT) services.  The protester argues that the agency improperly deemed the firm’s proposal ineligible for award, and also contends that the agency evaluated in a disparate manner. We deny the protest. BACKGROUND On December 1, 2020, under the fair opportunity procedures of Federal Acquisition Regulation (FAR) subpart 16.5, the agency issued the solicitation to small business holders of its Seaport NxG indefinite-delivery, indefinite-quantity (IDIQ) contract.  Agency Report (AR), Tab 1, RFP at 4, 12; Tab 4, RFP Section M at 98; Combined Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 3.[1]  The agency sought proposals for the provision of enterprise-wide IT support services for the Naval Air Warfare Center Aircraft Division’s Digital Analytics Infrastructure and Technology Advancement Group’s Digital Network and Applications Department.[2]  AR, Tab 2, Performance Work Statement (PWS) at 53; COS/MOL at 3.  The solicitation contemplated issuance of a single cost‑plus-fixed-fee and cost‑reimbursable task order with a 1-year base period and four 1‑year option periods.  RFP at 5-8; COS-MOL at 3.  The solicitation provided for award to be made on a best‑value tradeoff basis, taking into consideration the following four evaluation factors:  (1) understanding of the requirements; (2) key personnel resumes; (3) workforce approach; and (4) cost/price.  AR, Tab 4, RFP Section M at 98-100.  The non-price factors combined were significantly more important than price.  Id. at 99.  As relevant here, the solicitation provided that proposed key personnel would be evaluated on a pass/fail basis for some requirements, and that “[a] failure on any single Pass/Fail criteria may make the submission ineligible for award, with no further evaluation of the technical and cost submission accomplished by the Government.”  Id.

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