Inuksuk A/S (FA2523-21-R-0001)

B-420527.2 May 26, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Inuksuk A/S, of Nuussuaq, Greenland, protests the terms of request for proposals (RFP) No. FA2523-21-R-0001, issued by the Department of the Air Force for air base maintenance services at Thule Air Base in Greenland. Inuksuk asserts that the solicitation is ambiguous, and otherwise fails to provide sufficient information for offerors to prepare their proposals on an intelligent and equal basis. Inuksuk also asserts that the agency unreasonably failed to include past performance as an evaluation factor in the solicitation. In addition, Inuksuk argues that several contractors should be eliminated from the competition due to an organizational conflict of interest (OCI). 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: Inuksuk A-S File: B-420527.2 Date: May 26, 2022 Kevin Mullen, Esq., Krista A. Nunez, Esq., and Victoria D. Angle, Esq., Morrison & Foerster LLP, for the protester. Rina M. Gashaw, Esq., William B. O’Reilly, Esq., James G. Peyster, Esq., and Anuj Vohra, Esq., Crowell & Moring LLP, for Greenland Contractors JV A/S; and Gary J. Campbell, Esq., and Miles McCann, Esq., Womble Bond Dickinson (US) LLP, for 76 North Group A/S, the intervenors. Erika Whelan Retta, Esq., Colonel Frank Yoon, Michael J. Farr, Esq., and Katherine A. Illingworth, Esq., Department of the Air Force, for the agency. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that firms partially owned by Greenlandic or Danish governments should be excluded from competition as a result of an organizational conflict of interest is denied where protester has not presented hard facts to demonstrate that either of these governments participated in establishing the solicitation’s evaluation criteria or performance work statement. 2. Protest that agency unreasonably failed to include past performance as an evaluation factor is denied where contracting officer provided a reasonable justification to explain why past performance was not an appropriate evaluation factor for this procurement. 3. Protest that agency failed to include sufficient information for offerors to prepare proposals is denied where information included in solicitation combined with site visit and offeror’s research and business judgment was sufficient for offerors to prepare proposals on an intelligent and equal basis. 4. Protest that agency unreasonably used a fixed-price type contract is denied where solicitation requirements are well-defined and mature, and agency provided sufficient information for offerors to prepare proposals. DECISION Inuksuk A/S, of Nuussuaq, Greenland, protests the terms of request for proposals (RFP) No. FA2523-21-R-0001, issued by the Department of the Air Force for air base maintenance services at Thule Air Base in Greenland. Inuksuk asserts that the solicitation is ambiguous, and otherwise fails to provide sufficient information for offerors to prepare their proposals on an intelligent and equal basis. Inuksuk also asserts that the agency unreasonably failed to include past performance as an evaluation factor in the solicitation. In addition, Inuksuk argues that several contractors should be eliminated from the competition due to an organizational conflict of interest (OCI). We deny the protest. BACKGROUND Thule Air Base Thule Air Base was created as the result of the 1951 “Defense of Greenland Agreement” between the United States and the Kingdom of Denmark. Agency Report (AR), Tab 24, 1951 Defense of Greenland Agreement. The mission of Thule Air Base is to “provide early warning and attack assessment of ballistic missile launches, provide space surveillance data and to provide tracking, telemetry and commanding . . . of earth orbiting satellite vehicles.” AR, Tab 10, Steady State Performance Work Statement (PWS) at 4. Thule Air Base also provides support for arctic research operations by agencies of the United States, foreign governments, academia, and private organizations. AR, Tab 1, Contracting Officer’s Statement (COS) at 2. Eligibility Requirements The United States and the Kingdom of Denmark have a long history of negotiating the eligibility requirements for contract opportunities at Thule Air Base. As relevant to this protest, a memorandum of understanding was entered into in 1991, and was amended in 2009. Specifically, on January 27, 2009, the Danish Ministry of Foreign Affairs (MFA) sent the United States Embassy in Denmark an acknowledgment and adoption of a note that the Embassy had sent to the Danish MFA the previous July.