PavCon, LLC (FA8684-20-S-C001)

B-420640 Jul 05, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights PavCon, LLC, a small business of Latrobe, Pennsylvania, protests the decision to not fund its proposal under commercial solutions opening (CSO) No. FA8684-20-S-C001, Call 4, issued by the Department of the Air Force, Air Force Life Cycle Management Center, Rapid Sustainment Office. The protester challenges the agency's evaluation of its proposal, and raises other challenges to the agency's handling of the procurement. 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: PavCon, LLC File: B-420640 Date: July 5, 2022 Aron C. Beezley, Esq., Patrick R. Quigley, Esq., Lisa A. Markman, Esq., Nathaniel J. Greeson, Esq., and Gabrielle A. Sprio, Esq., Bradley Arant Boult Cummings LLP, for the protester. Siobhan Donahue, Esq., and Colonel Frank Yoon, Department of the Air Force, for the agency. Louis A. Chiarella, Esq., and Tania L. Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency failed to conduct meaningful discussions as part of a commercial solutions opening procurement is denied where negotiated procurement procedures were not required and where no discussions in fact occurred. 2. Protest challenging the agency’s decision not to fund proposal under a commercial solutions opening procurement for research and development is denied where the evaluation was reasonable and consistent with the solicitation. DECISION PavCon, LLC, a small business of Latrobe, Pennsylvania, protests the decision to not fund its proposal under commercial solutions opening (CSO) No. FA8684-20-S-C001, Call 4, issued by the Department of the Air Force, Air Force Life Cycle Management Center, Rapid Sustainment Office. The protester challenges the agency’s evaluation of its proposal, and raises other challenges to the agency’s handling of the procurement. We deny the protest. BACKGROUND The use of CSOs as a form of general solicitation was first authorized as a pilot program under section 879 of the fiscal year (FY) 2017 National Defense Authorization Act (NDAA), Pub. L. No. 114-328, § 879, 130 Stat. 2000, 2312-2313 (2016), and permanently authorized under section 803 of FY 2022 NDAA. Pub. L. No. 117-81, § 803, 135 Stat. 1541, 1814-1816 (2021). Department of Defense (DOD) guidance on the use of CSOs is found in Class Deviation-Defense Commercial Solutions Opening Pilot Program, 2018-O0016, June 26, 2018, now superseded by Class Deviation-Defense Commercial Solutions Opening, 2022-O0007, Feb. 4, 2022.[1] Agency Report (AR), Tab 33, 2018 CSO Class Deviation at 1-3; Tab 34, 2022 CSO Class Deviation at 1-3. CSOs may be used by DOD agencies as an alternative to other procurement methods set forth in the Federal Acquisition Regulation (FAR) to acquire “innovative commercial items, technologies, or services.” AR, Tab 33, 2018 CSO Class Deviation at 1. Under a CSO, the agency competitively selects proposals received in response to the general solicitation based on a review of proposals by scientific, technological, or other subject-matter expert peers. Id. at 2. Proposals are not evaluated against each other since they are not submitted in response to a common performance work statement or statement of work. Id. Rather, each proposal is evaluated against the criteria specified in the solicitation, with primary focus being given to the following factors: technical; importance to agency programs; and fund availability. Id. Finally, “[w]hen using a CSO in acquisitions for research and development, contracting officers shall use the procedures in [the] class deviation in conjunction with FAR part 35 [Research and Development Contracting].”[2] Id. at 1. The Air Force seeks to increase mission readiness and capabilities “by scaling innovative solutions to advance and modernize [its] sustainment operations.” Contracting Officer’s Statement (COS) at 2. In support thereof, on July 17, 2020, the agency issued the CSO here (No. FA8684-20-S-C001) announcing its intent to seek solutions that deliver innovative sustainment and operational advances to the agency. AR, Tab 4, CSO at 1; COS at 2. The CSO identified a total of eight technology focus areas (TFA), including artificial intelligence and machine learning (AI/ML). The CSO also explained the agency’s intent to subsequently identify areas of interest (AoI) related to the various TFAs, and to publish “calls” soliciting solutions that addressed specified objectives. AR, Tab 4, CSO at 3; COS at 2. On July 2, 2021, the Air Force issued CSO Call 4, seeking innovative solutions for condition-based maintenance plus (CBM+). AR, Tab 5, CSO Call 4 at 1-7; COS at 3.