Science Applications International Corporation (80JSC020R0039)
Case: B-419961
Agency: Independent Government Entities : National Aeronautics and Space Administration
Protester: Science Applications International Corporation
Date: 2022-02-10
Denied
B-419961.3,B-419961.4
Feb 10, 2022
Jump To
FULL REPORT
VIEW DECISION
RELATED PAGES
GAO CONTACTS
Highlights
Science Applications International Corporation (SAIC), of Reston, Virginia, protests the award of the Advanced Enterprise Global Information Solutions (AEGIS) contract to Leidos, Inc., of Reston, Virginia, under request for proposals (RFP) No. 80JSC020R0039, issued by the National Aeronautics and Space Administration (NASA) for information technology (IT) services supporting NASA's communications infrastructure. SAIC contends that Leidos gained an unfair competitive advantage by engaging a former NASA official as a consultant to assist Leidos with proposal preparation. SAIC also challenges the agency's evaluation of proposals and resulting award decision.
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: Science Applications International Corporation
File: B‑419961.3; B‑419961.4
Date: February 10, 2022
Daniel R. Forman, Esq., Michael E. Samuels, Esq., Cherie J. Owen, Esq., Lyndsay A. Gorton, Esq., and Alexandra L. Barbee‑Garrett, Esq., Crowell & Moring LLP, for the protester.
Paul F. Khoury, Esq., Craig Smith, Esq., Kendra P. Norwood, Esq., Sarah B. Hansen, Esq., and Jennifer Eve Retener, Esq., Wiley Rein LLP, for Leidos, Inc., the intervenor.
Vincent A. Salgado, Esq., Marla Harrington, Esq., Cody Corley, Esq., and Eric Freeman, Esq., National Aeronautics and Space Administration, for the agency.
Sarah T. Zaffina, Esq., and Jennifer D. Westfall‑McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the awardee gained an unfair competitive advantage based on a consulting agreement with a former government official is denied where the record does not support the allegation.
2. Protest that the awardee’s proposal failed to meet a material solicitation requirement when it proposed a fringe benefit rate below the rate required in a Service Contract Act (SCA) wage determination is denied where the awardee’s proposal expressly indicated an intent to comply with the SCA.
3. Protest of the agency’s cost realism evaluation is denied where the agency reasonably concluded that the awardee’s proposed direct labor rates were realistic, even though some rates were below the incumbent’s rates.
4. Protest that the agency failed to conduct a cost realism evaluation of the awardee’s minor subcontractors’ proposed direct labor costs is denied where the record shows that the agency’s cost realism analysis was conducted in accordance with the solicitation.
DECISION
Science Applications International Corporation (SAIC), of Reston, Virginia, protests the award of the Advanced Enterprise Global Information Solutions (AEGIS) contract to Leidos, Inc., of Reston, Virginia, under request for proposals (RFP) No. 80JSC020R0039, issued by the National Aeronautics and Space Administration (NASA) for information technology (IT) services supporting NASA’s communications infrastructure. SAIC contends that Leidos gained an unfair competitive advantage by engaging a former NASA official as a consultant to assist Leidos with proposal preparation. SAIC also challenges the agency’s evaluation of proposals and resulting award decision.
We deny the protest.
BACKGROUND
AEGIS is a “follow‑on” procurement of the current NASA Integrated Communication Services (NICS) contract and will continue to provide the general requirements for IT communication services, as well as new requirements for cloud services, data center services, and cybersecurity support services. Agency Report (AR), Tab 37, RFP amend. 10 at 167, 169.[1] The contractor will support the Office of the Chief Information Officer (OCIO) in “advancing NASA’s communications services to provide secure enterprise network management and flexible communications services for NASA.” Id. at 167. The communications services provided under AEGIS assist NASA staff, scientists, engineers, and mission support personnel, located globally, in their ability “to advance NASA’s mission to the moon, Mars, and beyond.” Id. at 169.
NASA is awarding the AEGIS contract while undergoing a significant transformation to the agency’s operating model pursuant to the Mission Support Future Architecture Program (MAP) initiative. Id. at 166. MAP will transform mission support services from local operation and management by each NASA center and headquarters to an enterprise system that provides the abilities for individualized services and capabilities. Id. At the time NASA issued the RFP, the OCIO was in the design phase of the MAP effort, and when NASA awarded AEGIS, the OCIO was in the MAP implementation phase. Id.
Full decision text continues on ProtestIntel...