SOC LLC (W52P1J-19-R-0069)

Case: B-419977 Agency: Protester: SOC LLC Date: 2021-10-15 Denied
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B-419977,B-419977.2 Oct 15, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights SOC LLC, of Chantilly, Virginia, protests the Department of the Army's award of a contract to DynCorp International, LLC, of Fort Worth, Texas, pursuant to request for proposals (RFP) No. W52P1J-19-R-0069, to perform operation and maintenance services at the Hawthorne Army Depot (HWAD) in Hawthorne, Nevada. SOC, the incumbent contractor, asserts that the agency: failed to properly evaluate technical proposals; failed to conduct meaningful discussions; and improperly evaluated proposed prices. We deny the protest in part and dismiss it in part. 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:  SOC LLC File:  B-419977; B-419977.2 Date:  October 15, 2021 Daniel R. Forman, Esq., James G. Peyster, Esq., Lyndsay A. Gorton, Esq., and Elizabeth C. Riegel, Esq., Crowell & Moring LLP, for the protester. Jason A. Carey, Esq., J. Hunter Bennett, Esq., Andrew R. Guy, Esq., and Sarah M. Shepson, Esq., Covington & Burling LLP, for DynCorp International, LLC, the intervenor. Jonathan A. Hardage, Esq., and Branden M. Smith, Esq., Department of the Army, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Agency reasonably assessed a significant weakness in protester’s technical proposal with regard to protester’s proposed performance of maintenance requirements. 2.  In conducting discussions, the agency was not required to advise protester that its price was substantially higher than that of its competitors where protester’s price was not considered to be unreasonably high. 3.  Agency’s evaluation of offerors’ proposed prices was reasonable and consistent with the terms of the solicitation. 4.  Where agency properly evaluated protester’s proposal, conducted meaningful discussions, and properly applied the solicitation’s terms in evaluating offerors’ prices,  protester is not an interested party to further challenge the agency’s source selection process because it is not next in line for award. DECISION SOC LLC, of Chantilly, Virginia, protests the Department of the Army’s award of a contract to DynCorp International, LLC, of Fort Worth, Texas, pursuant to request for proposals (RFP) No. W52P1J-19-R-0069, to perform operation and maintenance services at the Hawthorne Army Depot (HWAD) in Hawthorne, Nevada.[1]  SOC, the incumbent contractor, asserts that the agency:  failed to properly evaluate technical proposals; failed to conduct meaningful discussions; and improperly evaluated proposed prices.  We deny the protest in part and dismiss it in part. BACKGROUND In December 2019, the agency issued the RFP, seeking proposals to perform operation and maintenance services at HWAD, to include the storage and demilitarization of multiple “families” of ammunition.  AR, Tab 10, RFP at 96-98.  The solicitation contemplated award of a single indefinite-delivery, indefinite-quantity contract with a 5‑year base performance period, a 3-year option period, and a 2-year option period, under which the agency will subsequently issue fixed-price task orders.[2] Of relevance here, the solicitation provided that offerors must submit fixed prices, using agency-provided price matrices, for the solicitation’s various contract line item numbers (CLINs).  In this regard, the CLINs referenced corresponding sections of the performance work statement (PWS), along with quantity ranges of performance units.  See RFP at 16-17; Tab 42, RFP attachs.

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