SimVentions, Inc. (N0017822R3004)
Case: B-420967
Agency: Department of the Navy : Naval Surface Warfare Center
Protester: SimVentions, Inc.
Date: 2022-11-21
Denied
B-420967,B-420967.2
Nov 21, 2022
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Highlights
SimVentions, Inc., of Fredericksburg, Virginia, protests the Department of the Navy's issuance of a task order to Peraton, Inc., pursuant to request for proposals (RFP) No. N0017822R3004, to provide cybersecurity engineering support services for Naval Surface Warfare Center activities in Virginia. SimVentions challenges various aspects of the agency's source selection process, including the agency's determination that SimVentions' proposal was technically unacceptable.
We deny the protest in part and dismiss it in part.
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release.
Decision
Matter of: SimVentions, Inc.
File: B-420967; B-420967.2
Date: November 21, 2022
James J. McCullough, Esq., Michael J. Anstett, Esq., and Jennifer Prescott, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the protester.
Kevin P. Connelly, Esq., Kelly E. Buroker, Esq., Jeffrey M. Lowry, Esq., and Tamara Droubi, Esq., Vedder Price PC, for Peraton, Inc., the intervenor.
Nikki R. Musick, Esq., Department of the Navy, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest is denied where agency’s assessment of multiple weaknesses, deficiencies, and associated risks provided a reasonable basis, consistent with the terms of the solicitation, for the agency’s determination that protester’s proposal was technically unacceptable and, therefore, ineligible for award.
2. Protester’s speculation regarding the content of the awardee’s proposal, and the agency’s evaluation thereof, fails to comply with requirement that protest grounds be factually and legally sufficient.
DECISION
SimVentions, Inc., of Fredericksburg, Virginia, protests the Department of the Navy’s issuance of a task order to Peraton, Inc., pursuant to request for proposals (RFP) No. N0017822R3004, to provide cybersecurity engineering support services for Naval Surface Warfare Center activities in Virginia. SimVentions challenges various aspects of the agency’s source selection process, including the agency’s determination that SimVentions’ proposal was technically unacceptable.[1]
We deny the protest in part and dismiss it in part.
BACKGROUND
On January 6, 2022, pursuant to Federal Acquisition Regulation (FAR) subpart 16.5, the agency issued the solicitation to all contractors holding Department of the Navy, Seaport Next Generation indefinite-delivery, indefinite-quantity (IDIQ) contracts. Agency Report (AR), exh. 1, RFP at 84, 101.[2] The solicitation sought proposals to provide cybersecurity engineering support services for Naval Surface Warfare Center activities in Dahlgren and Dam Neck, Virginia; those activities are responsible for performing “research, development, Test & Evaluation (T&E), analysis, systems engineering, integration, and certification of complex naval warfare systems.” Id. at 11.
SimVentions characterizes itself as the “incumbent contractor” for these services, Protest at 2; however, the agency describes SimVentions’ prior task order as “significantly smaller” than the task order at issue here,[3] noting that multiple portions of this solicitation’s statement of work (SOW) reflect new requirements. Protest, exh. B, Written Debriefing at 24. In this context, the RFP stated:
With the growing number of breaches of tactical and non-tactical computer systems, there is an increasing need to focus on the engineering aspects of CS [cyber security]. CS continues to be approached as compliance-based and this has not addressed significant shortcomings and vulnerabilities in the security of naval warfare systems and other service warfare systems. CS requirements must be included during the design, development, and sustainment phases of systems acquisition to ensure they are secure and Cyber-resilient throughout their Life-cycle.
Full decision text continues on ProtestIntel...