Firebird Analytical Solutions and Technologies, Inc. (H92257-21-R-0001)

B-420238 Jan 10, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Firebird Analytical Solutions and Technologies (Firebird), a small business located in Arlington, Virginia, protests the issuance of two task orders to Prescient Edge Corporation Solutions, LLC (Prescient Edge), a small business located in McLean, Virginia, by the Department of the Air Force, Special Operations Command, under request for proposal (RFP) No. H92257-21-R-0001, for pre-deployment training program (PTP) support services. Firebird protests the agency's refusal to consider its proposal submitted in response to the solicitation. 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: Firebird Analytical Solutions and Technologies File: B-420238 Date: January 10, 2022 Devon E. Hewitt, Esq., and Angelica A. Matias, Esq., Protorae Law PLLC, for the protester. Eric S. Crusius, Esq., and Kelsey M. Hayes, Esq., Holland & Knight LLP, for Prescient Edge Corporation Solutions, LLC, the intervenor. Erika Whelan Retta, Esq., and Siobhan Donahue, Esq., Department of the Air Force, for the agency. Paula A. Williams, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision not to consider protester’s proposal is denied where the record shows that the proposal, sent by the method for submission of proposals designated by the solicitation, was never received by the agency. DECISION Firebird Analytical Solutions and Technologies (Firebird), a small business located in Arlington, Virginia, protests the issuance of two task orders to Prescient Edge Corporation Solutions, LLC (Prescient Edge), a small business located in McLean, Virginia, by the Department of the Air Force, Special Operations Command, under request for proposal (RFP) No. H92257-21-R-0001, for pre-deployment training program (PTP) support services. Firebird protests the agency’s refusal to consider its proposal submitted in response to the solicitation. We deny the protest. BACKGROUND On April 5, 2021, the agency issued the RFP for a contractor to provide PTP support services, including manpower augmentation and exercise and training event support services. The RFP was issued to 46 small business concerns holding United States Special Operations Command multiple award indefinite-delivery, indefinite-quantity (IDIQ) contracts in accordance with the procedures of Federal Acquisition Regulation subpart 16.5. Contracting Officer’s Statement at 2. The RFP established a proposal due date of no later than 12:00 p.m., Eastern Standard Time[1] on May 5. RFP at 2.[2] As amended, the solicitation provided that offerors could submit questions to the agency at the same agency email addresses specified for receipt of proposals; questions were due no later than 12:00 p.m. on April 13. RFP amend. 2 at 2. Offerors were instructed to email their proposals, not to exceed 10 megabytes (MB), to the contracting officer, [DELETED], at [DELETED] and to the contract specialist, [DELETED], at [DELETED]. Id. Of note, the solicitation anticipated issuance of the task orders by August 1, with a performance start date of September 1. Id. Relevant to this protest, Firebird’s Director of Contracts sent an email with its attached proposal at 9:10 p.m. on May 4 to [DELETED] and [DELETED]. Protest at 3; Protest attach. C, Decl. of Firebird’s Director of Contracts at 1. The protester states that the total size of its email and attached proposal was 4 MB, below the 10 MB limitation specified in the RFP. Id. In the email, Firebird’s Director of Contracts asked that the agency “acknowledge receipt of this email at your earliest convenience.” Protest attach. A, Email to Agency. Firebird also states that, after sending the email and attached proposal, it received delivery confirmation through its Microsoft Outlook delivery receipt feature. Protest at 3; Amended Protest at 3-4. The Outlook-generated delivery confirmation states: Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: [DELETED] ([DELETED]) [DELETED] ([DELETED]). Amended Protest at 3-4 (Nov. 3, 2021). On July 26, the protester emailed the contracting officer with an inquiry regarding the status of the RFP. Protest attach. B, Email to Contracting Officer. The contracting officer did not respond to this email because the agency had not received a proposal from Firebird. Memorandum of Law at 3. On October 1, Firebird again emailed the contracting officer and requested the “status of the subject RFP.” AR exh.