DarkStar Intelligence, LLC (RFQ 140D0422Q0086)

B-420609,B-420609.2 Jun 24, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DarkStar Intelligence, LLC, a service-disabled veteran-owned small business of Woodbridge, Virginia, protests the Department of the Interior's (DOI) issuance of a task order on behalf of the Defense Intelligence Agency (DIA) to Chenega Enterprise Systems & Solutions, LLC (ChESS), a small disadvantaged business of Chesapeake, Virginia, under request for quotations (RFQ) No. 140D0422Q0086, for human intelligence (HUMINT) targeting instructors. DarkStar argues that the agency misevaluated quotations and made an unreasonable source 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: DarkStar Intelligence, LLC File: B-420609; B-420609.2 Date: June 24, 2022 Edward J. Tolchin, Esq., Offit Kurman, P.A., for the protester. William K. Walker, Esq., Walker Reausaw, for Chenega Enterprise Systems & Solutions, LLC, the intervenor. Robert D. Banfield, Esq., Department of the Interior, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that the awardee should have been disqualified based on its approach to key personnel is denied where the protester has not demonstrated that the awardee made any misrepresentation about its approach and the agency’s evaluation of that approach was reasonable and consistent with the terms of the solicitation. 2. Protests challenging the evaluations of past performance and technical quotations and the resulting award decision are denied where the evaluations were reasonable and consistent with the terms of the solicitation and the protester did not demonstrate competitive prejudice resulting from the alleged errors. 3. Protest alleging that the agency conducted discussions with only the awardee is denied where the exchange was a request for a price reduction conducted after the agency had selected the awardee under Federal Acquisition Regulation subpart 8.4. DECISION DarkStar Intelligence, LLC, a service-disabled veteran-owned small business of Woodbridge, Virginia, protests the Department of the Interior’s (DOI) issuance of a task order on behalf of the Defense Intelligence Agency (DIA) to Chenega Enterprise Systems & Solutions, LLC (ChESS), a small disadvantaged business of Chesapeake, Virginia, under request for quotations (RFQ) No. 140D0422Q0086, for human intelligence (HUMINT) targeting instructors. DarkStar argues that the agency misevaluated quotations and made an unreasonable source selection decision. We deny the protest. BACKGROUND The DOI issued the solicitation on behalf of the DIA on December 23, 2021. The RFQ was issued under the General Services Administration’s Federal Supply Schedule (FSS) using the procedures set forth in Federal Acquisition Regulation (FAR) subpart 8.4. Agency Report (AR), Tab 4, RFQ at 1.[1] The solicitation sought quotations to support DIA’s establishment and maintenance of a standardized education and development program for the Department of Defense HUMINT enterprise. AR Tab 5, Statement of Work (SOW) at 3. Specifically, the contractor will provide experienced instructors to “develop and support a comprehensive HUMINT Intelligence Targeting training program in support of the Department of Defense and Intelligence Community requirements as well as addressing DIA officer development requirements for skilled HUMINT Targeting Officers [.]” Id. DarkStar was a subcontractor on the two previous awards for this requirement. AR, Tab 6, DarkStar Technical Quotation at 10. The solicitation contemplated the issuance of a single time-and-materials task order with a 12‑month base period and four 12-month option periods. RFQ at 2. The RFQ provided that award would be made on a best-value tradeoff basis, considering the following five evaluation factors: (1) security; (2) technical and management approach (technical); (3) staffing and transition plan (staffing); (4) relevant past performance; and (5) price. Id. at 4-8. Quotations would be evaluated first under the security factor on a pass/fail basis. Only quotations that received a pass rating for this factor would move on to be evaluated under the other factors.[2] Id. at 8-9. The non-price factors, when combined, were significantly more important than price. Id. at 8. The agency received quotations from seven vendors, including DarkStar and ChESS, by the January 26, 2022, deadline for receipt of quotations. AR, Tab 15, Award Summary at 5. On February 22, a technical evaluation committee (TEC) provided a consensus evaluation to the contracting officer, who was also the source selection authority (SSA) for this procurement. Id. at 5, 19-20.