The Bionetics Corporation (FA8224-21-R-0002)

B-420272 Jan 07, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The Bionetics Corporation, of Yorktown, Virginia, protests the elimination of its proposal from the competition under request for proposals (RFP) No. FA8224-21-R-0002, issued by the Department of the Air Force, for aerospace ground equipment (AGE) operations, maintenance, repair, and dispatch services at Hill Air Force Base (AFB) in Utah and Davis-Monthan AFB in Arizona. The protester argues the agency's decision to eliminate its proposal from the competition based on an incomplete price volume was unreasonable. We deny the protest. View Decision Decision Matter of:  The Bionetics Corporation File:  B-420272 Date:  January 7, 2022 Michael L. Sterling, Esq., Anthony J. Mazzeo, Esq., and Daniel Salmon, Esq., Vandeventer Black, LLP, for the protester. Colonel Frank Yoon, and Nicholas T. Iliff, Jr., Esq., Department of the Air Force, for the agency. Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s elimination of a proposal from competition is denied where the decision was reasonable and in accordance with the terms of the solicitation. DECISION The Bionetics Corporation, of Yorktown, Virginia, protests the elimination of its proposal from the competition under request for proposals (RFP) No. FA8224-21-R-0002, issued by the Department of the Air Force, for aerospace ground equipment (AGE) operations, maintenance, repair, and dispatch services at Hill Air Force Base (AFB) in Utah and Davis-Monthan AFB in Arizona. The protester argues the agency’s decision to eliminate its proposal from the competition based on an incomplete price volume was unreasonable. We deny the protest. BACKGROUND On March 11, 2021, the agency issued the RFP in accordance with Federal Acquisition Regulation (FAR) part 15.  Agency Report (AR), Tab 3, RFP at 278.  The RFP contemplated the award of a single indefinite-delivery, indefinite-quantity contract on a fixed-price, cost-reimbursement basis with a base period from January 6, 2022 to January 5, 2028, and an option period from January 6, 2028 to January 5, 2030.  Id. at 2, 82, 255.  The due date for proposals, as amended, was May 19, 2021.  Contracting Officer’s Statement (COS) at 4; AR, Tab 24, RFP amend. 0004 at 1. The RFP provided that proposals were to consist of four volumes:  price, technical, past performance, and contract documentation.[1]  RFP at 258.  For price, the RFP required offerors to insert rates for various labor categories into a matrix that would be used to evaluate total price.[2]  AR, Tab 7, Instructions Version Three at 8.  The technical volume was to address three areas:  management approach, resource management and staffing plan, and contract execution scenario.  Id. at 9-12.  For these areas, offerors were to demonstrate, among other things, their approach to contractor management, and plans for recruiting and maintaining their workforce.  Id.  For past performance, offerors were to identify up to three prior contracts within the past five years that demonstrated relevant experience Id. at 12-13.  For contract documentation, offerors were to complete various forms and provide signed copies of all amendments.  Id. at 13‑15. The RFP provided for the evaluation of proposals on a lowest-price, technically acceptable basis where the agency would evaluate price for reasonableness, completeness, and balance; technical and past performance volumes on an acceptable/unacceptable basis; and contract documentation for completeness.  AR, Tab 10, Evaluation Factors Version Three at 1‑8.  Because both the Hill AFB and Davis-Monthan AFB were subject to collective bargaining agreements (CBA), the RFP required that rates for all labor categories be proposed, at a minimum, in accordance with the CBA requirements.  AR, Tab 7, Section L Instructions Version Three at 8.  The agency reserved the right to exclude proposals from the competitive range if they failed to meet the requirements of the CBA.  Id. On September 30, 2021, the agency informed Bionetics that its proposal was eliminated from the competition because the firm submitted an incomplete price proposal.  Protest, exh. 1, Unsuccessful Offeror Notice at 1.  Following this notice, Bionetics requested a debriefing, which the agency provided on October 4.  COS at 5.  Bionetics then submitted debriefing questions on October 6, to which the agency responded the same day.  Id.  In its response, the agency explained that Bionetics’s price proposal was incomplete because two of its labor rates failed to match or exceed the minimum labor rates provided in the CBA.  Protest, exh.