Gryphon Technologies, L.C. (HQ0516-21-R-0080)

B-420882.2,B-420882.3,B-420882.4 Jan 17, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Gryphon Technologies, L.C., of Washington, D.C., protests the award of a contract to Zolon Tech, Inc., of Herndon, Virginia, under request for proposals (RFP) No. HQ0516-21-R-0080, issued by the Department of Defense, Defense Media Activity (DMA), for support of DMA's Web Enterprise Business operations center. The protester challenges the reasonableness of the agency's evaluation of proposals and best-value tradeoff analysis, and maintains that the agency failed to conduct meaningful discussions. 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 version, with no redactions, has been approved for public release. Decision Matter of: Gryphon Technologies, L.C. File: B-420882.2; B-420882.3; B-420882.4 Date: January 17, 2023 Scott F. Lane, Esq., Katherine S. Nucci, Esq., and Jayna Marie Rust, Esq., Thompson Coburn LLP, for the protester. Aron C. Beezley, Esq., Nathaniel J. Greeson, Esq., and Gabrielle A. Sprio, Esq., Bradley Arant Boult Cummings LLP, for Zolon Tech, Inc., the intervenor. Thomas Tinti, Esq., Department of Defense, 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 1. Protest challenging portions of the agency’s evaluation of proposals is dismissed as untimely where the protester could have and should have raised the protest grounds during the prior protest before corrective action. 2. Protest challenging agency’s technical evaluation is denied where the agency evaluated the proposals in accordance with the terms of the solicitation. 3. Protest that the agency’s cost realism evaluation of the awardee’s proposed costs was unreasonable is denied where the agency’s evaluation was reasonable and supported by the record. DECISION Gryphon Technologies, L.C., of Washington, D.C., protests the award of a contract to Zolon Tech, Inc., of Herndon, Virginia, under request for proposals (RFP) No. HQ0516-21-R-0080, issued by the Department of Defense, Defense Media Activity (DMA), for support of DMA’s Web Enterprise Business operations center. The protester challenges the reasonableness of the agency’s evaluation of proposals and best-value tradeoff analysis, and maintains that the agency failed to conduct meaningful discussions. We deny the protest. BACKGROUND The DMA issued the RFP on September 3, 2021, seeking to procure a “Web Enterprise Business operations center and other support requirements” to include all professional labor services required to execute the objective, support in creative services, and other services as necessary. Agency Report (AR), Tab 3, RFP at 139.[1] The RFP contemplated the award of a single contract with both firm-fixed-price (FFP) and cost-plus-fixed-fee (CPFF) contract line item numbers (CLINs) covering different performance work statement (PWS) tasks. The FFP line items primarily relate to software subscriptions, transition, and service desk support, whereas the CPFF line items cover software development, infrastructure operations, program management, media analysis and security. The RFP also anticipated cost-reimbursable line items for travel and other direct costs, for which “plug-numbers” were included in the RFP. The solicitation anticipated an 11-month base period (inclusive of a 30-day transition-in period) followed by four 12-month option periods. Id. at 49. The RFP provided that the award would be made on a best-value tradeoff basis considering cost/price and the technical/management factor. Id. at 155. The technical/management factor included three subfactors, of equal importance: infrastructure operations and program management, software development and program management, and service desk support. Id. at 156. The solicitation provided that the non-cost/price factors when combined would be significantly more important than cost/price. Id. at 157. The RFP also identified the following four aspects of proposals that would be evaluated on an acceptable/unacceptable basis (with a rating of unacceptable rendering a proposal unawardable): small business participation, phase-in plan, organizational conflict of interest (OCI) mitigation plan (if applicable), and migration plan (if applicable).[2] Id. at 151. The agency received timely submitted proposals from three offerors, including Gryphon and Zolon. AR, Tab 9, Source Selection Decision Document (SSDD) at 1. The agency conducted its initial evaluation of the offerors’ proposals in accordance with the RFP and determined, on March 28, 2022, that all offerors were to be included within the competitive range. Id.