Vertex Aerospace, LLC (FA3002-21-R-0001)

B-420073,B-420073.2 Nov 23, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Vertex Aerospace, LLC, of Madison, Mississippi, protests the award of a task order to DynCorp International LLC, of Fort Worth, Texas, by the Department of the Air Force under solicitation No. FA3002-21-R-0001 for comprehensive flight operations support (FOS) at Vance Air Force Base (AFB), Oklahoma. The protester contends that the agency's evaluation of proposals was unreasonable and that the agency failed to adequately consider the effect of a recent corporate transaction involving DynCorp. We sustain 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:  Vertex Aerospace, LLC File:  B-420073; B-420073.2 Date:  November 23, 2021 J. Alex Ward, Esq., W. Jay DeVecchio, Esq., James A. Tucker, Esq., and Lyle F. Hedgecock, Esq., Morrison & Foerster LLP, for the protester. Scott M. McCaleb, Esq., Jon W. Burd, Esq., Sarah Hansen, Esq., Nicholas L. Perry, Esq., and Teresita Regelbrugge, Esq., Wiley Rein LLP, for DynCorp International LLC, the intervenor. Colonel Frank Yoon, Captain Jheremy K. Perkins, Michael J. Farr, Esq., Lieutenant Colonel Brian D. Teter, Lieutenant Colonel Shawn C. Tabor, and Ryan C. Springer, Esq., Department of the Air Force, for the agency. Katherine I. Riback, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of the awardee’s proposal is sustained where the record is insufficiently documented to demonstrate that the agency meaningfully and reasonably considered whether a corporate restructuring of the awardee’s business resulting from a stock purchase would have an effect on the awardee’s ability to perform the task order.  DECISION Vertex Aerospace, LLC, of Madison, Mississippi, protests the award of a task order to DynCorp International LLC, of Fort Worth, Texas, by the Department of the Air Force under solicitation No. FA3002-21-R-0001 for comprehensive flight operations support (FOS) at Vance Air Force Base (AFB), Oklahoma.  The protester contends that the agency’s evaluation of proposals was unreasonable and that the agency failed to adequately consider the effect of a recent corporate transaction involving DynCorp. We sustain the protest. BACKGROUND The Air Force established the Aircraft Maintenance Enterprise Solutions (ACES) multiple award (MAC), indefinite-delivery, indefinite-quantity (IDIQ) contract for aircraft maintenance services across the United States Air Force on September 1, 2020.  Contracting Officer Statement (COS) at 2.  The ACES MAC IDIQ contract was awarded to eight contractors, including DynCorp, Vertex, and Amentum Services, Inc.  Id.  Only these eight contractors are eligible to receive task orders under the ACES MAC IDIQ.  Id. On November 20, 2020, Amentum Government Services Holdings, LLC, acquired all of the outstanding shares of DynCorp’s former parent holding company, DefCO Holdings, Inc.  Agency Report (AR), Tab 29, Emails on Novation at 10.  The intervenor, DynCorp, explains that as a result of the transaction, DefCo and all of its corporate subsidiaries, including DynCorp, became wholly owned subsidiaries of Amentum.  Intervenor’s Comments at 13.  The intervenor also states that “[f]ollowing a series of internal reorganizations, Amentum became the immediate parent company of DynCorp.”  Id. On December 18, the agency issued the Vance AFB FOS task order solicitation, referred to as a fair opportunity proposal request (FOPR), in accordance with Federal Acquisition Regulation (FAR) section 16.505(b), to holders of the Department of the Air Force’s ACES MAC IDIQ contract.  AR, Tab 3, FOPR at 1.  The services to be provided under this task order include fleet management, aircraft maintenance, airfield management, aircrew flight equipment, management and human resources and all related services.  AR, Tab 5i, FOPR attach. 9, Performance Work Statement (PWS) at 5.  The solicitation, which was amended twice, contemplated the award of a single task order, containing a 2‑month mobilization/transition, a 10-month base period, and four 1‑year option periods.  AR, Tab 5i, FOPR attach. 9, PWS at 7.  The FOPR identified program execution, past performance, and price, as the factors that would be evaluated for determining which proposal represented the best value to the government.[1]  The solicitation provided that program execution was more important than past performance, and program execution, when combined with past performance, was significantly more important than price.  AR, Tab 5, FOPR amend.