Bluehawk LLC (W911W4-22-R-OMC2)
Case: B-421201
Agency: Department of the Army : Department of the Army
Protester: Bluehawk LLC
Date: 2023-01-18
Denied
B-421201,B-421201.2
Jan 18, 2023
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Highlights
Bluehawk, LLC, a small business located in West Palm Beach, Florida, protests the issuance of a task order to Global Dimensions, LLC (GLD), a small business located in Fredericksburg, Virginia, by the Department of the Army under request for task order proposals (RFTOP) No. W911W4-22-R-OMC2, to acquire foreign language linguist support services. Bluehawk challenges the agency's evaluation of proposals, and the agency's best-value tradeoff and selection decision.
We deny the protest.
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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: Bluehawk, LLC
File: B-421201; B-421201.2
Date: January 18, 2023
Jonathan T. Williams, Esq., Katherine B. Burrows, Esq., Jacqueline K. Unger, Esq., and Patrick T. Rothwell, Esq., Piliero Mazza PLLC, for the protester.
Richard L. Moorhouse, Esq., Christopher M. O’Brien, Esq., and Timothy L. McLister, Esq., Greenberg Traurig LLP, for Global Dimensions, LLC, the intervenor.
Major Benjamin W. Hogan, Andrew J. Smith, Esq., and Lieutenant Colonel Abraham L. Young, Department of the Army, for the agency.
Paula A. Williams, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that agency unreasonably failed to assign multiple strengths to protester’s proposal is denied where protester fails to demonstrate that agency’s evaluation was unreasonable or inconsistent with the terms of the solicitation. Protest challenging the agency’s evaluation of the awardee’s proposal is denied where the evaluation was reasonable and in accordance with the terms of the solicitation.
2. Protest challenging agency’s selection of a higher technically rated proposal at a higher price is denied where agency reasonably evaluated offerors’ proposals and identified a discriminator to justify selection of the higher-priced proposal.
DECISION
Bluehawk, LLC, a small business located in West Palm Beach, Florida, protests the issuance of a task order to Global Dimensions, LLC (GLD), a small business located in Fredericksburg, Virginia, by the Department of the Army under request for task order proposals (RFTOP) No. W911W4-22-R-OMC2, to acquire foreign language linguist support services. Bluehawk challenges the agency’s evaluation of proposals, and the agency’s best-value tradeoff and selection decision.
We deny the protest.
BACKGROUND
On April 27, 2022, the Army issued the solicitation pursuant to the procedures of Federal Acquisition Regulation subpart 16.5, to holders of the Department of Defense’s Language Interpretation and Translation Enterprise II multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts. RFTOP at 4.[1] The competition was further limited to participants in the train and sustain pool of small business contractors. Id.
The solicitation sought proposals for qualified linguist support in order to provide foreign language interpretation, translation, and transcription services for the Office of Military Commissions (OMC) and the Office of the Chief Prosecutor. Id. at 17. The solicitation included a performance work statement (PWS) requiring the contractor to provide support services to include, recruitment, personnel security vetting, retention, replacement of linguists, and on-site management and supervision during the period of performance. See generally, id. at 16-45.
The solicitation contemplated issuance of a single time-and-materials task order for a base year (which included a transition period) and four 1-year options.[2] Id. at 18. The solicitation advised that the task order would be issued on a best-value tradeoff basis, considering two evaluation factors: linguist continuity and price. Linguist continuity was to be significantly more important than price. Id. at 67. The solicitation provided that the agency would evaluate proposals under the linguist continuity factor in relation to the requirements described in sections C and L of the solicitation. Section L.14.1 of the solicitation required the offeror to provide a written narrative that complied with section C.2.3.5.5 in describing its “proposed approach for recruiting and retaining linguists to include their methods and processes for supplying qualified candidates to the Government.” Id. at 62.
Of specific relevance, section C.2.3.5.5 required that the successful offeror:
[H]ave recruiting processes that ensure the highest probability of candidate success in being cleared to perform on this effort (i.e.
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