FreeAlliance.com, LLC (N0042121R3006)

B-420345.3,B-420345.4 Feb 10, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights FreeAlliance.com, LLC, of McLean, Virginia, protests the issuance of a task order to Resource Management Concepts, Inc. (RMC), of Lexington Park, Maryland under request for proposals (RFP) No. N0042121R3006, issued by the Department of the Navy for cybersecurity services. FreeAlliance argues that the Navy unreasonably evaluated proposals and improperly made the selection decision. 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: FreeAlliance.com, LLC File: B-420345.3; B-420345.4 Date: February 10, 2023 W. Brad English, Esq., Jon D. Levin, Esq., Emily J. Chancey, Esq., Nicholas P. Greer, Esq., and Mary Ann Hanke, Esq., Maynard Cooper & Gale PC, for the protester. Edward J. Tolchin, Esq., Offit Kurman Attorneys at Law, for Resource Management Concepts, Inc., the intervenor. Cristina L. Costa de Almeida, Esq., and Morgan E. Gierhart, Esq., Department of the Navy, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency unreasonably evaluated the protester’s technical proposal is denied where the record confirms that the agency assigned positive and negative findings consistent with the solicitation terms and the contents of the firm’s proposal. 2. Protest that the awardee materially misrepresented its staffing plan is denied where the record confirms that the awardee proposed to use its current workforce to staff the contract, and any efforts to recruit incumbent personnel do not demonstrate that the awardee did not intend to use its current workforce, or that its current workforce is unable to perform. 3. Protest that the agency unreasonably evaluated the awardee’s professional employee compensation plan is denied where the record shows that the agency reviewed the awardee’s proposed labor rates and found that they were realistic based on employee payroll information and Bureau of Labor Statistics wage data. DECISION FreeAlliance.com, LLC, of McLean, Virginia, protests the issuance of a task order to Resource Management Concepts, Inc. (RMC), of Lexington Park, Maryland under request for proposals (RFP) No. N0042121R3006, issued by the Department of the Navy for cybersecurity services. FreeAlliance argues that the Navy unreasonably evaluated proposals and improperly made the selection decision. We deny the protest. BACKGROUND On January 26, 2021, the Navy issued the RFP against the agency’s SeaPort Next Generation indefinite-delivery, indefinite-quantity multiple award contract to procure cybersecurity services supporting the Naval Air Systems Command. Agency Report (AR), Tab 1, RFP at 10, 57.[1] Specific services to be provided include program management, information systems security management, and computer network defense. Id. at 18-23. The RFP contemplated the issuance of a cost-plus-fixed-fee task order to be performed over a 1-year base period, and four 1-year option periods. Id. at 3-8, 55. Award would be made on a best-value tradeoff basis considering technical and cost factors. RFP at 66-67. When making the tradeoff determination, the technical factor would be considered significantly more important than the cost factor. Id. at 66. The technical factor included three elements: understanding of the requirements, key personnel resumes, and staffing plan. Id. at 67‑68. The understanding of the requirements and staffing plan factors would not be rated, while the key personnel resumes factor would be evaluated on a pass or fail basis. Id. at 67. When evaluating each offeror’s proposal under the understanding of the requirements element, the RFP instructed offerors to submit responses to three sample tasks, including: (1) computer network defense (CND); (2) Navy qualified validator (NQV); and (3) risk management framework (RMF). RFP at 60. Eighteen offerors submitted proposals prior to the March 15, 2021, close of the solicitation period. AR, Tab 3, Source Selection Authority Decision Memorandum (SSADM) at 140. The agency’s evaluation produced the following relevant results:   Overall Technical Assessment Total Cost Proposed Government’s Cost Realism Position FreeAlliance Acceptable $88,488,030 $87,989,695 RMC Good $77,804,045 $78,048,616   Id. at 141. After comparing proposals, the source selection authority (SSA) identified RMC’s proposal as representing the best value, noting that RMC offered a superior technical approach at a lower cost. Id. at 151.