Alion Science & Technology Corporation (P1-20-2224)
Case: B-420778.3
Agency: Department of the Air Force : Department of the Air Force
Protester: Alion Science & Technology Corporation
Date: 2022-12-27
Denied
B-420778.3
Dec 27, 2022
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Highlights
Alion Science & Technology Corporation, of Fairfax, Virginia, requests reconsideration of our decision in Alion Science & Technology Corporation, B-420778, B-420778.2, Aug. 31, 2022, 2022 CPD ¶ 248. In that decision, GAO denied Alion's protest against the issuance of a task order to ManTech TSG-2 Joint Venture under Fair Opportunity Proposal Request (FOPR) No. P1-20-2224, issued by the Department of the Air Force for research and development services in support of the Naval Surface Warfare Center, Corona Division. Alion asserts that our decision is tainted by errors of fact and law.
We deny the request for reconsideration.
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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: Alion Science & Technology Corporation--Reconsideration
File: B-420778.3
Date: December 27, 2022
Michael F. Mason, Esq., Stacy Hadeka, Esq., Christine Reynolds, Esq., Adilene Rosales, Esq., and Lauren Olmstead, Esq., Hogan Lovells US LLP, for the protester.
Colonel Frank Yoon, Michael J. Farr, Esq., Siobhan K. Donahue, Esq., and Kenneth J. Leroy, Esq., Department of the Air Force, for the agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Reconsideration of prior decision is denied where the requesting party does not show that our prior decision contains errors of fact or law that would warrant reversal or modification of the decision.
DECISION
Alion Science & Technology Corporation, of Fairfax, Virginia, requests reconsideration of our decision in Alion Science & Technology Corporation, B-420778, B-420778.2, Aug. 31, 2022, 2022 CPD ¶ 248. In that decision, GAO denied Alion’s protest against the issuance of a task order to ManTech TSG-2 Joint Venture under Fair Opportunity Proposal Request (FOPR) No. P1-20-2224, issued by the Department of the Air Force for research and development services in support of the Naval Surface Warfare Center, Corona Division. Alion asserts that our decision is tainted by errors of fact and law.
We deny the request for reconsideration.
BACKGROUND
The solicitation was issued on June 11, 2021. Under the task order, the contractor is required to provide research and development related services to “develop current, accurate representations of new and existing advanced weapons systems and technologies and model those capabilities in a simulated environment in response to emerging threats and new capabilities.” Agency Report (AR), Tab 7, FOPR at 5-6.[1] Following the submission and evaluation of proposals, and a best-value tradeoff determination, the task order was issued to ManTech. On May 24, 2022, Alion filed a protest with our Office challenging the award to ManTech. Alion’s protest challenged various aspects of the agency’s evaluation of proposals and source selection decision. Relevant here, Alion challenged several aspects of the agency’s evaluation of proposals under the labor basis of estimate (LBOE) subfactor. In our decision, we concluded that the agency properly evaluated Alion’s and ManTech’s proposals under the LBOE subfactor. Overall, we concluded that the agency’s evaluation of proposals was reasonable and conducted in accordance with the solicitation’s evaluation criteria. Accordingly, we found the agency’s best-value tradeoff decision was unobjectionable.
DISCUSSION
Alion requests reconsideration of the decision, asserting that we made several mistakes of fact and that we would have resolved the protest differently if we had considered relevant and material information. Req. for Recon. at 1. Alion also alleges that our decision was based on an error of law. Id. For the reasons discussed below, we find that none of the arguments presented by the requester provides a basis to grant the request for reconsideration.
Under our Bid Protest Regulations, to obtain reconsideration, the requesting party must set out the factual and legal grounds upon which reversal or modification of the decision is deemed warranted, specifying any errors of law made or information not previously considered. 4 C.F.R. § 21.14(a). We will reverse a decision upon reconsideration only where the requesting party demonstrates that the decision contains a material error of law or facts. AeroSage, LLC--Recon., B-417529.3, Oct. 4, 2019, 2019 CPD ¶ 351 at 2 n.2; Department of Justice; Hope Village, Inc.--Recon., B-414342.5, B-414342.6, May 21, 2019, 2019 CPD ¶ 195 at 4. The repetition of arguments made during our consideration of the original protest and disagreement with our decision do not meet this standard.
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