NextGen Federal Systems, LLC (HTC71121QD010)
Case: B-420456
Agency: Department of the Air Force : United States Transportation Command
Protester: NextGen Federal Systems, LLC
Date: 2022-04-14
Denied
B-420456,B-420456.2,B-420456.3
Apr 14, 2022
Jump To
FULL REPORT
VIEW DECISION
RELATED PAGES
GAO CONTACTS
Highlights
NextGen Federal Systems, LLC, of Morgantown, West Virginia, protests the issuance of a task order to Paragon Technology Group, Inc., of Scott Air Force Base, Illinois, under request for quotations (RFQ) No. HTC71121QD010, which was issued by the Department of Defense, United States Transportation Command (USTRANSCOM), for advisory and assistance services to support the agency's program executive office (PEO-T). The protester argues that the agency unreasonably evaluated quotations under the technical, price, and past performance factors, and that the agency conducted misleading discussions with the protester.
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: NextGen Federal Systems, LLC
File: B-420456; B-420456.2; B-420456.3
Date: April 14, 2022
C. Peter Dungan, Esq., Alfred M. Wurglitz, Esq., Tara D. Hopkins, Esq., and Jarrod R. Carman, Esq., Miles & Stockbridge P.C., for the protester.
John E. Jensen, Esq., Robert C. Starling, Esq., and Ariella M. Cassell, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Paragon Technology Group, Inc., the intervenor.
Lawrence M. Anderson, Esq., Colonel Frank Yoon, Robert D. Bowers, Esq., Robert J. Depke, Esq., Kenneth M. Roth, Esq., and Erika Whelan Retta, Esq., Department of Defense, for the agency.
Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Challenge to the evaluation of protester’s technical quotation is denied where the evaluation was reasonable and consistent with the terms of the solicitation.
2. Challenge to the evaluation of the awardee’s quoted price and professional compensation rates is denied where the agency reasonably found that awardee’s labor rates were realistic, and where the protester does not establish that it was prejudiced by the evaluation of the awardee’s professional compensation.
3. Challenge to the evaluation of past performance is denied where evaluation was reasonable and consistent with the terms of the solicitation.
4. Argument that the agency misled the protester during discussions is denied where the agency reasonably advised the protester that its quoted labor rates were too low, and where the agency provided the protester an opportunity to either raise its rates or justify them as quoted.
DECISION
NextGen Federal Systems, LLC, of Morgantown, West Virginia, protests the issuance of a task order to Paragon Technology Group, Inc., of Scott Air Force Base, Illinois, under request for quotations (RFQ) No. HTC71121QD010, which was issued by the Department of Defense, United States Transportation Command (USTRANSCOM)[1], for advisory and assistance services to support the agency’s program executive office (PEO-T). The protester argues that the agency unreasonably evaluated quotations under the technical, price, and past performance factors, and that the agency conducted misleading discussions with the protester.
We deny the protest.
BACKGROUND
USTRANSCOM issued the RFQ on June 3, 2021, under the Federal Supply Schedules (FSS) provisions of Federal Acquisition Regulation (FAR) subpart 8.4. The solicitation was limited to vendors[2] who hold FSS contracts for category 54151S, and sought quotations to provide management, engineering, configuration management, and acquisition related support for the agency’s PEO-T. Agency Report (AR), Tab 26, RFQ amend. 3 at 1;[3] Tab 16, Performance Work Statement (PWS) at 1. The contractor will be required to provide support for the following six task areas: (1) USTRANSCOM systems and functional support services within the PEO-T; (2) engineering support; (3) configuration management and test support; (4) program management support; (5) PEO-T management integration and process improvement support; and (6) contract level and task order management. Id. at 2.
The RFQ anticipated the issuance of a task order with fixed‑price and time-and- materials line items, with a 10-month base period and four 1-year options. RFQ at 1-2. The solicitation advised that quotations would be evaluated based on the following three factors: (1) technical capability, (2) past performance, and (3) price. Id. at 8. The technical capability factor had five equally-weighted subfactors: (1) transition plan, (2) security engineering support, (3) systems engineering support, (4) staffing approach, and (5) mission essential plan. Id. at 8-9. For purposes of award, the non-price factors were “significantly more important” than price. Id. at 8.
The agency received quotations from six vendors, including NextGen and Paragon, by the closing date of July 6. Contracting Officer’s Statement (COS) at 3.
Full decision text continues on ProtestIntel...