Credence Management Solutions, LLC (RFQ1399441)
Case: B-420408
Agency: Department of the Air Force : Department of the Air Force
Protester: Credence Management Solutions, LLC
Date: 2022-03-18
Denied
B-420408,B-420408.2
Mar 18, 2022
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Highlights
Credence Management Solutions, LLC, a small business of Vienna, Virginia, protests the issuance of an order to OBXtek, Inc., a small business of McLean, Virginia, under fair opportunity proposal request (FOPR) No. RFQ 1393083, which was issued by the Department of the Air Force, for Air Force Special Operations Command (AFSOC) aircrew instruction support for the 492 Special Operations Wing (SOW) and Operational Units MC-130J and CV-22. Credence challenges the agency's evaluation of proposals, and resulting award decision.
We deny the protest.
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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: Credence Management Solutions, LLC
File: B-420408; B-420408.2
Date: March 18, 2022
Rebecca E. Pearson, Esq., Taylor A. Hillman, Esq., Lindsay M. Reed, Esq., Caleb E. McCallum, Esq., and Allison M. Siegel, Esq., Venable LLP, for the protester.
Lewis P. Rhodes, Esq., McMahon, Welch and Learned, PLLC, for OBXtek, Inc., the intervenor.
Michael J. Farr, Esq., Siobhan Donahue, Esq., Jeff Branstetter, Esq., and Erika Whelan Retta, Esq., Department of the Air Force, for the agency.
Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest alleging that the agency unreasonably declined to accept the protester’s proposed pricing discount is denied because the agency’s decision was consistent with the terms of the solicitation and within its discretion; alternatively, the protester’s contrary interpretation of the solicitation is based on a patent ambiguity, and the protester’s post-award challenge constitutes an untimely challenge to the terms of the solicitation.
2. Protest alleging that the agency’s evaluation of proposals was unreasonable and unequal is denied where the record demonstrates that the agency’s evaluation was reasonable and in accordance with the terms of the solicitation.
DECISION
Credence Management Solutions, LLC, a small business of Vienna, Virginia, protests the issuance of an order to OBXtek, Inc., a small business of McLean, Virginia, under fair opportunity proposal request (FOPR) No. RFQ 1393083, which was issued by the Department of the Air Force, for Air Force Special Operations Command (AFSOC) aircrew instruction support for the 492 Special Operations Wing (SOW) and Operational Units MC-130J and CV-22. Credence challenges the agency’s evaluation of proposals, and resulting award decision.
We deny the protest.
BACKGROUND
The FOPR, which was issued on October 7, 2019, and subsequently amended five times, sought proposals from holders of General Services Administration (GSA) One Acquisition Solution for Integrated Services (OASIS) multiple-award, indefinite-delivery, indefinite-quantity contracts for the award of an order to provide AFSOC aircrew instruction support. Agency Report (AR), Tab 5, FOPR amend. No. 2, at 3.[1] The contractor will provide fixed wing aircrew instruction, fixed wing flight instruction, remotely piloted aircraft instruction, aircrew instruction, fixed wing simulator instruction, and weapon system leads instruction. Id. at 30. Services will be provided at: Hurlburt Field, Florida; Duke Air Field, Florida; Cannon Air Force Base, New Mexico; Royal Air Force, Mildenhall, United Kingdom; and Yokota Air Base, Japan. Id.
The FOPR anticipated the award of an order with fixed-price and cost-reimbursable contract line item numbers (CLIN), with a 12-month base period of December 2, 2021 through December 1, 2022, and a 12-month option period. Id. at 42. The FOPR, however, further provided that the 12-month base period would include two, 30-day transition periods. Id. at 19. In transition phase I, which would begin on December 2, 2021, and last for 30 calendar days, the contractor would perform all preliminary work to obtain phase II operational capability by January 1, 2022, including, for example, completing contract data requirement list requiements and badging. Id. at 36. Phase II, which was to commence on January 1, 2022, and last for 31 calendar days, will require the contractor to staff all locations inside the continental United States (CONUS) at 85 percent or above and locations outside of the continental United States (OCONUS) at 50 percent or above. Id. The contractor will be required to fully staff all locations by the end of the phase II transition period. Id.
Award was to be made on a best-value tradeoff basis, considering two factors: (1) technical capability and (2) price (with technical capability considered more important than price). Id. at 18.
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