nou Systems, Inc. (HQ0855-21-R-0004)

B-421225 Dec 22, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights nou Systems, Inc. a small business of Huntsville, Alabama, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to Corvid Technologies, LLC (Corvid), a small business of Mooresville, North Carolina, under request for proposals (RFP) No. HQ0855-21-R-0004, issued by the Missile Defense Agency (MDA) for specialized support services for test instrumentation. The protester challenges the agency's evaluation of proposals under the technical and cost factors, and the best-value tradeoff decision. We deny the protest. View Decision 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: nou Systems, Inc. File: B-421225 Date: December 22, 2022 David Z. Bodenheimer, Esq., and Madison Plummer, Esq., Nichols Liu LLP, for the protester. Major James S. Kim, and Michael McDermott, Esq., Missile Defense Agency, for the agency. Michelle E. Litteken, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency’s technical evaluation was unreasonable because the agency applied an unstated evaluation criterion, failed to recognize strengths in the protester’s proposal, and improperly weighted the technical subfactors is denied where the agency’s evaluation was reasonable and consistent with the solicitation. 2. Protest challenging the agency’s cost realism analysis is denied where the agency performed a comprehensive analysis of all major cost elements and reasonably determined that proposed costs were consistent with each offeror’s technical approach and were realistic for the work to be performed. 3. Protest that the agency’s source selection decision was unreasonable because it was premised on a flawed evaluation and failed to consider proposed cost savings is denied where the record shows that the evaluation was reasonable and consistent with the evaluation criteria. DECISION nou Systems, Inc. a small business of Huntsville, Alabama, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to Corvid Technologies, LLC (Corvid), a small business of Mooresville, North Carolina, under request for proposals (RFP) No. HQ0855-21-R-0004, issued by the Missile Defense Agency (MDA) for specialized support services for test instrumentation. The protester challenges the agency’s evaluation of proposals under the technical and cost factors, and the best-value tradeoff decision. We deny the protest. BACKGROUND The MDA’s director for test is responsible for structuring a responsive capability that provides, maintains, and develops common test resources and infrastructure required to execute tests by leveraging element laboratories, ranges, executing agents, and functional expertise. Contracting Officer’s Statement (COS) at 2. The solicitation, issued on April 23, 2021, as a small business set-aside,[1] contemplated the award of a single IDIQ contract to support test instrumentation systems, as well as the development of a new system, referred to as the mission execution and display distribution system (MEDDS).[2] COS at 2. The contract would include cost-plus-award-fee, cost-plus-incentive-fee, and cost-reimbursable contract line item numbers. Agency Report (AR), Tab 3, Solicitation; Tab 52, RFP § L at 5. The solicitation established that award would be made using a best-value tradeoff considering the following factors: technical; management; information management and control plan; past performance; facility security clearance; and cost/price. AR, Tab 53, RFP § M at 3, 5. The technical factor was more important than the management factor, and all factors other than cost/price, when combined were significantly more important than cost/price. Id. at 5. As relevant here, the technical factor consisted of four subfactors of equal importance, each of which would receive a separate rating. Id. The subfactor ratings would not be consolidated into a single technical factor rating.[3] Id. As also relevant here, the solicitation established that MDA would evaluate cost/price proposals for reasonableness and realism. RFP § M at 16-17. The solicitation stated that the agency would assess whether an offeror’s proposed labor hour quantities, labor skill mix, rates, and other direct costs reflected a clear understanding of the requirement, were consistent with the proposed technical and management approaches, and were realistic for the work to be performed. Id. at 17. The solicitation instructed offerors to account for all costs necessary to complete the requirements and to include a narrative to explain all judgment-based elements of cost projections. RFP § L at 25-26. MDA received three proposals before the September 13, 2021, deadline for submission. COS at 4.