PAE Aviation and Technical Services, LLC (N00421-20-FOSR-NTWL)
Case: B-420602
Agency: Department of the Navy : Naval Air Systems Command
Protester: PAE Aviation and Technical Services, LLC
Date: 2022-06-23
Denied
B-420602,B-420602.2,B-420602.3,B-420602.4,B-420602.5,B-420602.6,B-420602.7,B-420602.8,B-420602.9,B-420602.10
Jun 23, 2022
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Highlights
DynCorp International, LLC, of Fort Worth, Texas; PAE Aviation and Technical Services, LLC (PAE), of Arlington, Virginia; and M1 Support Services, LP (M1), of Denton, Texas, protest the issuance of a task order to Vertex Aerospace, LLC (Vertex), of Greenbelt, Maryland, under Task Order Fair Opportunity Submission Request (FOSR) No. N00421-20-FOSR-NTWL, issued by the Department of the Navy, Naval Air Systems Command for aircraft maintenance services. The protesters challenge the agency's evaluation of offerors' technical and cost proposals, the availability of Vertex's key personnel, and the agency's best-value determination. Further, DynCorp alleges that the agency failed to properly consider a conflict of interest, and M1 alleges that the agency failed to adequately consider the effect of a recent corporate transaction involving Vertex.
We deny the protests.
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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: DynCorp International, LLC; PAE Aviation and Technical Services, LLC; M1 Support Services, LP
File: B‑420602; B‑420602.2; B‑420602.3; B‑420602.4; B‑420602.5;
B‑420602.6; B‑420602.7; B‑420602.8; B‑420602.9; B‑420602.10
Date: June 23, 2022
Scott M. McCaleb, Esq., Jon W. Burd, Esq., Sarah B. Hansen, Esq., and W. Benjamin Phillips, III, Esq., Wiley Rein LLP, for DynCorp International, LLC; Anuj Vohra, Esq., Robert J. Sneckenberg, Esq., James G. Peyster, Esq., Tyler S. Brown, Esq., and Allison Skager, Esq., Crowell & Moring LLP, for PAE Aviation and Technical Services LLC; Aron C. Beezley, Esq., Lisa A. Markman, Esq., and Gabrielle A. Sprio, Esq., Bradley Arant Boult Cummings LLP, for M1 Support Services, LP, the protesters.
J. Alex Ward, Esq., W. Jay DeVecchio, Esq., James A. Tucker, Esq., Alissandra D. Young, Esq., and Markus G. Speidel, Esq., Morrison & Foerster LLP, for Vertex Aerospace, LLC, the intervenor.
Christopher B. Erly, Esq., Morgan E. Gierhart, Esq., and Aldo Perez, Esq., Department of the Navy, for the agency.
David A. Edelstein, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protests challenging agency’s cost and technical evaluation are denied where protesters have not demonstrated that the agency’s evaluation was unreasonable or inconsistent with the terms of the solicitation.
2. Protest that the agency failed to consider a conflict of interest based on the awardee’s hiring of a former government employee is denied where the contracting officer reasonably concluded that the individual in question did not have access to competitively useful information.
3. Protest that the agency did not consider the impact of a corporate transaction involving the awardee is denied where the record demonstrates that the agency was unaware of the transaction and the transaction was not imminent and essentially certain prior to award.
DECISION
DynCorp International, LLC, of Fort Worth, Texas; PAE Aviation and Technical Services, LLC (PAE), of Arlington, Virginia; and M1 Support Services, LP (M1), of Denton, Texas, protest the issuance of a task order to Vertex Aerospace, LLC (Vertex), of Greenbelt, Maryland, under Task Order Fair Opportunity Submission Request (FOSR) No. N00421‑20‑FOSR‑NTWL, issued by the Department of the Navy, Naval Air Systems Command for aircraft maintenance services. The protesters challenge the agency’s evaluation of offerors’ technical and cost proposals, the availability of Vertex’s key personnel, and the agency’s best‑value determination. Further, DynCorp alleges that the agency failed to properly consider a conflict of interest, and M1 alleges that the agency failed to adequately consider the effect of a recent corporate transaction involving Vertex.
We deny the protests.
BACKGROUND
On May 20, 2021, the agency issued the FOSR under the Navy’s Contracted Maintenance, Modification, Aircrew and Related Services (CMMARS) multiple award, indefinitely‑delivery, indefinite‑quantity (IDIQ) contract. Agency Report (AR), Exh. 1, FOSR at 2.[1] The solicitation sought maintenance and logistics support services for aircraft, aircraft systems, and support equipment in support of the Naval Test Wing Atlantic (NTWL). Id. at 2‑3.
The FOSR contemplated the issuance of a single, cost‑plus‑fixed‑fee (CPFF) task order for a base period of one year and six 1‑year option periods. Id. at 3. The solicitation anticipated the issuance of a task order on a fair opportunity basis, using the ordering procedures of Federal Acquisition Regulation (FAR) section 16.505. Id.
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