Science and Technology Corporation (1305M321QNWWX0061)

B-420216 Jan 03, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Science and Technology Corporation (STC), of Hampton, Virginia, protests the terms of fair opportunity request for proposals (FORFP) No. 1305M321QNWWX0061, issued by the Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), for scientific support services on behalf of the National Centers for Environmental Prediction (NCEP). STC argues that certain solicitation requirements are unduly restrictive of competition and are designed to provide the incumbent contractor with an unfair competitive advantage. 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 and Technology Corporation File:  B-420216 Date:  January 3, 2022 Robert J. Symon, Esq., Nathaniel J. Greeson, Esq., and Patrick R. Quigley, Esq., Bradley Arant Boult Cummings LLP, for the protester. Florence N. Bridges, Esq., and John L. Guinan, Esq., Department of Commerce, for the agency. Louis A. Chiarella, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging solicitation’s key personnel requirement as unduly restrictive of competition is dismissed as untimely where the protester failed to file its protest with our Office within 10 days of initial adverse agency action following the protester’s agency-level protest of the same issue. 2.  Protest challenging solicitation’s corporate experience requirement as unduly restrictive of competition is denied where the agency has articulated a reasonable basis for imposing the requirement. DECISION Science and Technology Corporation (STC), of Hampton, Virginia, protests the terms of fair opportunity request for proposals (FORFP) No. 1305M321QNWWX0061, issued by the Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), for scientific support services on behalf of the National Centers for Environmental Prediction (NCEP).  STC argues that certain solicitation requirements are unduly restrictive of competition and are designed to provide the incumbent contractor with an unfair competitive advantage. We deny the protest. BACKGROUND The NCEP, an office within the National Weather Service (which is part of NOAA), “is the nation’s focal point for all matters relating to environmental modeling, which includes developing, enhancing, and maintaining numerical forecast systems for the atmosphere, hydrosphere, and cryosphere in support of national and international forecast requirements.”  Contracting Officer’s Statement (COS) at 1; see Agency Report (AR), Tab 2b, FORFP amend. 2, Performance Work Statement (PWS) at 17.[1] On September 7, 2021, the agency issued the FORFP for scientific support services to holders of NOAA’s “ProTech Weather Domain” indefinite-delivery, indefinite-quantity (IDIQ) contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) section 16.505.  COS at 1.  The solicitation contemplates the award of a hybrid time-and-materials and fixed-priced task order for a base year with four 1-year options.  FORFP amend. 2 at 13, 58.  In general terms, the contractor is to provide qualified personnel capable of meeting the PWS requirements regarding numerical model prediction, analysis, data assimilation, observation processing, forecasting, post-processing, product development, verification and validation, and data archival.[2]  PWS at 17-27.  The solicitation establishes that task order award is to be made on a best-value tradeoff basis, based on four evaluation criteria:  (1) technical approach; (2) management approach; (3) corporate experience; and (4) price.  FORFP amend. 2 at 56-57.  The nonprice factors are of equal importance, and when combined, are significantly more important than price.  Id. at 56. Relevant to the protest here, the solicitation includes a key personnel requirement for five lead physical scientist positions (and a program manager).  FORFP amend. 2 at 12.  Additionally, with regard to the corporate experience evaluation factor, the solicitation establishes that “[t]he Government will evaluate the summary of work experience for similar nature, scope, complexity, and difficulty to that which will be performed under the prospective task order contemplated by this FORFP, assessing the likelihood that the offeror’s relevant experience will minimize risk to the Government of unsuccessful performance.”  Id.