Yang Enterprises, Inc. (FA2521-22-R-0009)

B-421331.3,B-421331.4 May 23, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Yang Enterprises, Inc., a small business of Oviedo, Florida, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. FA252122R0009, issued by the United States Space Force for operations, maintenance, and engineering support for facilities and systems at Cape Canaveral Space Force Station and supporting annexes. The protester contends that the agency improperly evaluated the protester's proposal, and otherwise unreasonably excluded the protester's proposal from the competitive range. 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: Yang Enterprises, Inc. File: B-421331.3; B-421331.4 Date: May 23, 2023 Aron C. Beezley, Esq., Lisa A. Markman, Esq., and Patrick R. Quigley, Esq., Bradley Arant Boult Cummings LLP, for the protester. Colonel Frank Yoon, Lawrence M. Anderson, Esq., and Jeffrey R. Clark, Esq., Department of the Air Force, for the agency. Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s evaluation of past performance and technical proposals is denied where the agency’s evaluation was reasonable and in accordance with the solicitation. 2. Protest challenging the exclusion of the protester’s proposal from the competitive range is denied where the agency’s determination that the protester’s proposal was not among the most highly rated proposals was reasonably based on the deficiencies in the protester’s technical proposal and low past performance rating. DECISION Yang Enterprises, Inc., a small business of Oviedo, Florida, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. FA252122R0009, issued by the United States Space Force for operations, maintenance, and engineering support for facilities and systems at Cape Canaveral Space Force Station and supporting annexes. The protester contends that the agency improperly evaluated the protester’s proposal, and otherwise unreasonably excluded the protester’s proposal from the competitive range. We deny the protest. BACKGROUND The agency issued the RFP pursuant to Federal Acquisition Regulation (FAR) part 15 on June 16, 2022, and amended it six times. Contracting Officer’s Statement (COS) at 2; Memorandum of Law (MOL) at 2; Agency Report (AR), Tabs 3, 6‑11. The RFP seeks proposals for support services to assist Space Launch Delta 45 in providing operations and maintenance, port services, ordnance, and electrochemistry (electro‑chem) lab support services to Space Launch Delta 45 and Space Force mission partners at Cape Canaveral Space Force Station. COS at 2; AR, Tab 5, RFP at 27.[1] The RFP, which is set aside for small business concerns, contemplates award of a single indefinite‑delivery, indefinite‑quantity contract--known as the Cape Launch Operations and Infrastructure Support III (CLOIS-III) contract--that will include fixed‑price, cost‑plus‑fixed‑fee, and cost‑reimbursement pricing arrangements. COS at 2; RFP at 3, 229. The CLOIS‑III contract will have a five‑year ordering period, with four additional one‑year optional ordering periods, and a six‑month optional extension pursuant to FAR 52.219‑8. RFP at 70, 72‑73, 209. The CLOIS-III contract will have a maximum value of $489 million. Id. at 3. The RFP states that award will be made on a best‑value tradeoff basis considering three factors: (1) technical capability; (2) past performance; and (3) cost/price. Id. at 229. The technical capability factor is to be evaluated on an acceptable/unacceptable basis. Id. at 230‑231. For proposals evaluated as acceptable under the technical capability factor, the agency will make tradeoffs between past performance and cost/price, with those two factors being approximately equal in importance. Id. at 229. The technical capability factor consists of three subfactors: (1) organization; (2) resource management; and (3) transition plan. Id. at 230‑231. Only the resource management and transition plan subfactors are relevant to the issues presented in the protest. Under the resource management subfactor, offerors were to submit a staffing matrix using the form included as Attachment L-02 to the RFP. Id. As relevant here, the RFP provides the following criteria for a proposal to be found acceptable under the resource management subfactor: Offeror’s proposal includes a filled-out CLOIS-III Staffing Matrix (see RFP Attachment L‑02) to define adequate staffing levels and skills to accomplish program requirements in alignment with the [Performance Work Statement (PWS)] that enables organizing, managing, and coordinating resources.