Aptim-Amentum Alaska Decommissioning, LLC (W912DR22R0027)

B-420993.3 Apr 26, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Aptim-Amentum Alaska Decommissioning, LLC (A3D), of Baton Rouge, Louisiana, protests the award of a contract to Westinghouse Government Services (WGS), of Hopkins, South Carolina, under request for proposals (RFP) No. W912DR-22-R-0027, issued by the Department of the Army, U.S. Army Corps of Engineers, for the decommissioning and dismantlement of the SM-1A nuclear reactor facility located in Ft. Greeley, Alaska. A3D argues that the agency misevaluated the WGS proposal and also failed to engage in adequate, equal discussions with the firm. We sustain the protest in part, and deny it in part. 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: Aptim-Amentum Alaska Decommissioning, LLC File: B-420993.3 Date: April 26, 2023 Robert Nichols, Esq., Michael Bhargava, Esq., and Madison Plummer, Esq., Nichols Liu, LLP, for the protester. W. Barron A. Avery, Esq., Timothy P. Matthews, Esq., Clara Kollum, Esq., and Sarah-Jane Lorenzo, Esq., Morgan, Lewis & Bockius, LLP, for Westinghouse Government Services, an intervenor. Michael T. Shields, Esq., and Jason H. Shippy, Esq., Department of the Army, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s evaluation of awardee’s proposal is sustained, in part, where record shows that the proposal failed to meet a material requirement of the solicitation. 2. Protest challenging the adequacy and fairness of discussions conducted with the protester is denied where the record shows the agency met its obligation to conduct adequate and equal discussions. DECISION Aptim-Amentum Alaska Decommissioning, LLC (A3D), of Baton Rouge, Louisiana, protests the award of a contract to Westinghouse Government Services (WGS), of Hopkins, South Carolina, under request for proposals (RFP) No. W912DR-22-R-0027, issued by the Department of the Army, U.S. Army Corps of Engineers, for the decommissioning and dismantlement of the SM-1A nuclear reactor facility located in Ft. Greeley, Alaska. A3D argues that the agency misevaluated the WGS proposal and also failed to engage in adequate, equal discussions with the firm. We sustain the protest in part, and deny it in part. BACKGROUND This is our second occasion to consider the propriety of the agency’s actions in connection with the award of the subject contract. In August 2022, the agency awarded a contract to WGS, and A3D filed a protest and a supplemental protest with our Office challenging the agency’s award decision. Based on allegations advanced in A3D’s supplemental protest, the agency elected to take corrective action, representing that it would reevaluate the WGS proposal and “re-document” its source selection decision (the agency also stated that it reserved the right to expand its corrective action to include reopening discussions). Based on the agency’s proposed corrective action, we dismissed A3D’s earlier protest as academic. Aptim Amentum Alaska Decommissioning, LLC, B-420993, B-420993.2, Oct. 11, 2022 (unpublished decision). A3D’s current protest is a challenge to the agency’s decision to affirm its earlier source selection decision. The RFP contemplates the award, on a best-value tradeoff basis, of a hybrid cost-plus-incentive-fee/cost-reimbursement/fixed-price contract to perform the requirement. Broadly speaking, the contract contemplates a 72-month period of performance and divides the work between base and option work elements. RFP, amend. No. 0008, at 2-3, 30.[1] Firms were advised that the agency would evaluate proposals considering cost/price and four non-cost/price factors: overall project approach (deemed more important than the next two factors); management approach/key personnel; past performance (each deemed approximately equal and more important than the final factor); and small business participation.[2] RFP amend. No. 0008, at 42-43. All of the non-cost/price factors in combination were deemed approximately equal to cost/price. Id. In response to the solicitation, the agency received three proposals. After evaluating the proposals, engaging in three rounds of discussions, and soliciting and evaluating final proposal revisions, the agency made award to WGS, concluding that its proposal represented the best overall value to the government. As noted, A3D filed a protest and supplemental protest challenging that award decision. Based on allegations advanced in A3D’s supplemental protest, the agency elected to take corrective action to reevaluate the WGS proposal and make a new source selection decision.