Carlsbad Operations Alliance, LLC (89303320REM000077)

B-420913.2,B-420913.5 Nov 08, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Carlsbad Operations Alliance, LLC, of Hopkins, South Carolina, protests the award of a contract to Tularosa Basin Range Services, LLC (TBRS), of Reston, Virginia, under request for proposals (RFP) No. 89303320REM000077, issued by the Department of Energy (DOE) for the disposal of nuclear waste. Carlsbad challenges the evaluation of the offerors' key personnel, past performance, and management approaches and argues that the best-value trade-off determination was unreasonable. The protester also contends that the agency engaged in improper communications with the awardee concerning an agency-level protest. 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: Carlsbad Operations Alliance, LLC File: B-420913.2; B-420913.5 Date: November 8, 2022 Seamus Curley, Esq., Gregory Jaeger, Esq., and Chelsea L. Goulet, Esq., Stroock & Stroock & Lavan LLP, for the protester. Scott M. McCaleb, Esq., Jon W. Burd, Esq., Cara L. Lasley, Esq., and W. Benjamin Phillips, III, Esq., Wiley Rein LLP; and Ariel Trajtenberg, Esq., and Nadia Lee, Esq., Bechtel Global Corporation, for Tularosa Basin Range Services, LLC, the intervenor. Stephanie B. Young, Esq., Nicholas Bidwell, Esq., Greta Iliev, Esq., and James J. Jurich, Esq., Department of Energy, 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 Protest challenging agency evaluation of proposals and tradeoff decision is denied where the evaluation and tradeoff decision were reasonable and consistent with the terms of the solicitation. DECISION Carlsbad Operations Alliance, LLC, of Hopkins, South Carolina, protests the award of a contract to Tularosa Basin Range Services, LLC (TBRS),[1] of Reston, Virginia, under request for proposals (RFP) No. 89303320REM000077, issued by the Department of Energy (DOE) for the disposal of nuclear waste. Carlsbad challenges the evaluation of the offerors’ key personnel, past performance, and management approaches and argues that the best-value trade-off determination was unreasonable. The protester also contends that the agency engaged in improper communications with the awardee concerning an agency-level protest. We deny the protest. BACKGROUND The DOE operates a “Waste Isolation Pilot Plant” (WIPP), which is an underground repository for radioactive waste generated at DOE sites. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 4. The RFP, issued on June 2, 2021, sought proposals to provide the facilities, personnel, equipment, and services to characterize, certify, transport, and permanently dispose of defense-generated transuranic waste (TRU).[2] AR, Tab A.1, RFP[3] at 72; COS/MOL at 4. The majority of the work will be conducted at the WIPP Site, located approximately 32 miles from Carlsbad, New Mexico, and at various DOE waste generator sites. COS/MOL at 4. The solicitation contemplated the award of a single cost-plus-award-fee (CPAF) management‑and-operating (M&O) contract in accordance with Federal Acquisition Regulation (FAR) subpart 17.6 and DOE Acquisition Regulation (DEAR) part 917.6, with an indefinite-delivery, indefinite-quantity (IDIQ) contract line item number (CLIN) for the issuance of CPAF task orders. RFP at 1, 72. The RFP provided for award of a contract with a 4-year base period and six 12‑month option periods. RFP at 1. The total estimated contract value, including all option periods, is $3 billion. Id. The maximum value of the IDIQ CLIN is $100,000,000. COS/MOL at 5. The RFP advised that proposals would be evaluated on a best-value tradeoff basis, considering the following four factors, listed in descending order of importance: (1) key personnel, (2) past performance, (3) management approach, and (4) cost and fee. RFP at 395. The non-cost factors, when combined, were significantly more important than total evaluated cost. Id. The solicitation called for the submission of three volumes: volume I, offer and other documents requiring signature; volume II, technical and management proposal; and volume III, cost and fee proposal; in addition, it provided for oral interviews with each offeror’s proposed program manager and capital asset projects (CAP) manager. Id. at 336, 347-61. The RFP informed offerors that the evaluation of the program manager would be the most important aspect of the evaluation under the key personnel factor. Id. at 390. DOE received proposals from five offerors, including Carlsbad and TBRS, by the August 3, 2021 due date for receipt of proposals. AR, Tab B.2, Source Selection Decision Document (SSDD) at 6; COS/MOL at 6.