Polaris Consulting Group, Inc. (HM047621R0010)
Case: B-420745
Agency: Department of Defense : National Geospatial-Intelligence Agency
Protester: Polaris Consulting Group, Inc.
Date: 2023-09-20
Denied
B-420745.2,B-420745.3,B-420745.4,B-420745.5
Sep 20, 2023
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Highlights
Zolon PCS II, LLC, a mentor-protégé joint venture small business1 of Ashburn, Virginia, and Polaris Consulting Group, Inc. (Polaris), a small business of Alexandria, Virginia, protest the award of contracts to Bailey Information Technology Consultants, LLC (Bailey), a small business of Stafford, Virginia, and LMR Technical Group LLC (LMR), a small business of Fort Walton Beach, Florida. The awards were made by the National Geospatial-Intelligence Agency (NGA) under request for proposals (RFP) No. HM0476-21-R-0010, for professional administrative support services. The protesters raise a number of challenges to the agency's evaluation and award decisions.
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: Zolon PCS II, LLC; Polaris Consulting Group, Inc.
File: B-420745.2, B-420745.3, B-420745.4, B-420745.5
Date: September 20, 2023
Aron C. Beezley, Esq., Patrick R. Quigley, Esq., and Gabrielle Sprio, Esq., Bradley Arant Boult Cummings LLP, for Zolon PCS II, LLC; Stephen P. Ramaley, Esq., Roger V. Abbott, Esq., and Adam Bartolanzo, Esq., Miles & Stockbridge P.C., for Polaris Consulting Group, Inc., the protesters.
William A. Shook, Esq., The Law Offices of William A. Shook PLLC, for LMR Technical Group LLC, the intervenor.
Daniel Lamb, Esq., and Mary Clements McKenney, Esq., National Geospatial‑Intelligence Agency, for the agency.
Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the evaluation of an awardee’s technical proposal as noncompliant with the terms of the solicitation is denied; based on the terms of the solicitation, the agency reasonably considered the awardee’s proposed level of premium pay because the discussion of premium pay did not include actual labor rates.
2. Protests challenging the evaluation of proposals under the technical/management factor are denied where the evaluation was conducted reasonably and in accordance with the terms of the solicitation.
3. Protest challenging the evaluation of proposals under the past performance factor is denied where the evaluation was conducted reasonably and in accordance with the terms of the solicitation.
4. Protest challenging the agency’s affirmative determinations of responsibility is dismissed in part as raising an issue not for GAO’s consideration, and in part as untimely.
DECISION
Zolon PCS II, LLC, a mentor‑protégé joint venture small business[1] of Ashburn, Virginia, and Polaris Consulting Group, Inc. (Polaris), a small business of Alexandria, Virginia, protest the award of contracts to Bailey Information Technology Consultants, LLC (Bailey), a small business of Stafford, Virginia, and LMR Technical Group LLC (LMR), a small business of Fort Walton Beach, Florida. The awards were made by the National Geospatial‑Intelligence Agency (NGA) under request for proposals (RFP) No. HM0476‑21‑R‑0010, for professional administrative support services. The protesters raise a number of challenges to the agency’s evaluation and award decisions.
We deny the protests.
Background
NGA is a member of the intelligence community tasked with producing timely, relevant, and accurate geospatial intelligence. Zolon PCS II Agency Report (AR), Tab A.1.b, Statement of Work (SOW) at 3.[2] NGA’s mission requires effective execution of office administrative services. Id. The instant procurement is for NGA’s Enterprise Support for Administrative Services (ESAS‑II) indefinite‑delivery, indefinite‑quantity (IDIQ) contract, which is intended to fulfill the agency’s need for professional administrative support services.[3] Id. at 2.
On August 12, 2021, NGA issued the RFP as a small business set-aside. RFP at 1‑4. The RFP contemplated the award of up to two IDIQ contracts, each with a 1‑year base period and four 1‑year option periods. Zolon PCS II AR, Tab A.1.b, SOW at 2. Using the procedures of Federal Acquisition Regulation (FAR) part 15, contracting by negotiation, IDIQ contracts would be awarded to the firms whose proposals represented the best value to the government. RFP at 19. Upon IDIQ contract award, each awardee would be issued a task order with a 1‑year base period and four 1‑year option periods. Zolon PCS II Combined Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2; Zolon PCS II AR, Tab A.1.c, Task Order 1 SOW at 6; Zolon PCS II AR, Tab A.1.d, Task Order 2 SOW at 6.
Award would be made using a two‑phase evaluation considering the following evaluation factors: (1) technical/management; (2) past performance; (3) security; and (4) price. RFP at 22.
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