WorldWide Language Resources, LLC (W911W4-22-R-CENT2)

B-420900 Oct 21, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights WorldWide Language Resources, Inc., of Fayetteville, North Carolina, protests the terms of request for task order proposals (RTOP) No. W911W4-22-R-CENT2, issued by the Department of the Army, for foreign language interpretation, translation, and transcription services. The protester contends the solicitation is ambiguous and inconsistent, does not allow all offerors to compete on an equal basis or otherwise intelligently prepare proposals, impermissibly excludes certain insurance costs in the cost/price evaluation, and unreasonably fails to consider past performance. 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 has been approved for public release. Decision Matter of: WorldWide Language Resources, Inc. File: B-420900 Date: October 21, 2022 Anne B. Perry, Esq., Katie A. Calogero, Esq., and Daniel J. Alvarado, Esq., Sheppard Mullin Richter & Hampton LLP, for the protester. Major Nhu T. Tran and Lieutenant Colonel Seth B. Ritzman, Department of the Army, for the agency. Michael P. Grogan, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision DIGEST 1. Protest challenging the terms of the solicitation as ambiguous or inadequately detailed is denied where the solicitation provides sufficient information to allow offerors to intelligently draft proposals. 2. Protest that the solicitation’s evaluation scheme improperly fails to consider the cost of Defense Base Act insurance in the total evaluated price is denied where the agency reasonably believes that initial costs would not be reflective of true costs over the life of the contract. 3. Protest that the solicitation unreasonably fails to consider offerors’ past performance is denied where agency reasonably exercised its discretion in not examining offerors’ past performance at the task-order level. DECISION WorldWide Language Resources, Inc., of Fayetteville, North Carolina, protests the terms of request for task order proposals (RTOP) No. W911W4-22-R-CENT2, issued by the Department of the Army, for foreign language interpretation, translation, and transcription services. The protester contends the solicitation is ambiguous and inconsistent, does not allow all offerors to compete on an equal basis or otherwise intelligently prepare proposals, impermissibly excludes certain insurance costs in the cost/price evaluation, and unreasonably fails to consider past performance. We deny the protest. BACKGROUND On June 21, 2022, the Army issued the RTOP under the Defense Language Interpretation and Translation Enterprise II (DLITE II) indefinite-delivery, indefinite-quantity (IDIQ) contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 16.5.[1] Agency Report (AR), Tab 9, RTOP amend. 003 at 1-2, 67; Contracting Officer’s Statement (COS) at 1-3; Memorandum of Law (MOL) at 1. The solicitation contemplates the issuance of a single task order, with labor-hour and cost-reimbursement contract line items, with a 1-year base period of performance and four, 1‑year option periods, for management and linguist support services. RTOP at 3. Specifically, the Army sought contractor support in the areas of language interpretation, translation, and transcription services in the U.S. Central Command’s area of operations, which includes 19 countries. COS at 1. The solicitation advises that award will be made on best-value tradeoff basis, considering two factors: (1) technical; and (2) cost/price. RTOP at 83. The technical factor has three subfactors: (a) project management; (b) human capital; and (c) transition plan. Id. at 84. Under the project management subfactor, the Army will evaluate an “offeror’s approach and understanding, including risk of unsuccessful performance to management and non-linguist personnel staffing including organizational structure, roles, responsibilities, and lines of communication for supporting linguist, monitoring performance, maintaining quality, managing risk, and interfacing with the Government.” Id. Under the human capital subfactor, an offeror will be evaluated based on its “proposed approach and understanding, including risk of unsuccessful performance, to recruiting, vetting, hiring and retaining qualified linguist staffing[.]” Id. For the third technical subfactor, transition plan, the agency will evaluate an offerors’ approach for a 90-day phase-in period. Id. at 85. Cost/price will be evaluated for reasonableness, completeness, and balanced pricing. Id. at 86. As a preliminary matter, WorldWide submitted a proposal and filed the instant protest prior to the established due date for submissions. COS at 4.