Kupono Government Services, LLC (89303020REA000003)

Case: B-421392 Agency: Department of Energy : Department of Energy Protester: Kupono Government Services, LLC Date: 2024-10-09 Denied
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B-421392.13,B-421392.14 Oct 09, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Kupono Government Services, LLC, of Orlando, Florida, the incumbent contractor, protests the award of a contract to Eagle Harbor, LLC, of Manassas, Virginia, under request for proposals (RFP) No. 89303020REA000003, issued by the Department of Energy (DOE) for management and operations support services for the agency's National Training Center (NTC). Kūpono argues that the DOE unreasonably evaluated proposals and improperly conducted the tradeoff analysis. We deny the protest. View Decision Decision Matter of: Kūpono Government Services, LLC File: B-421392.13; B-421392.14 Date: October 9, 2024 Robert K. Tompkins, Esq., Gordon N. Griffin, Esq., Hillary J. Freund, Esq., Kelsey M. Hayes, Esq., Richard J. Ariel, Esq., and Tanner N. Slaughter, Esq., Holland & Knight LLP, for the protester. James Y. Boland, Esq., Caleb E. McCallum, Esq., Kelly M. Boppe, Esq., and David L.W. Smith, Esq., Venable LLP, for Eagle Harbor, LLC, the intervenor. Kevin R. Hilferty, Esq., Greta P. Wright, Esq., James J. Jurich, Esq., and John L. Bowles, Esq., Department of Energy, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably evaluated technical and cost proposals is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation. DECISION Kūpono Government Services, LLC, of Orlando, Florida, the incumbent contractor, protests the award of a contract to Eagle Harbor, LLC, of Manassas, Virginia, under request for proposals (RFP) No. 89303020REA000003, issued by the Department of Energy (DOE) for management and operations support services for the agency’s National Training Center (NTC). Kūpono argues that the DOE unreasonably evaluated proposals and improperly conducted the tradeoff analysis. We deny the protest. BACKGROUND The NTC consists of three training facilities: the Main Campus, the Live Fire Range, and the Integrated Safety and Security Training Evaluation Complex. Agency Report (AR), Tab A.1, RFP, attach. A, Performance Work Statement (PWS) at 245.[1] All three facilities are located within or in the area surrounding Albuquerque, New Mexico. Id. The NTC curriculum supports DOE and federal contractor personnel by providing training development, delivery, and support in a variety of DOE mission areas. PWS at 245. The NTC provides safeguards and security training programs, which include instruction regarding vulnerability assessments, nuclear materials control and accountability, physical security systems, personnel security, information security, and security program operations. Id. The NTC also provides a protective force training program, which includes basic and advanced firearms training, and provides nuclear safety training. Id. In addition, the NTC develops training programs to serve other DOE personnel, such as training in federal acquisitions and procurement. Id. On September 15, 2020, DOE issued the RFP to procure management and operation support services for the NTC. RFP at 1. The competition was restricted to eligible 8(a)[2] small businesses. Id. The contractor would be required to develop and provide safety and security training, manage training programs, provide cyber-security and information technology support at the NTC, as well as maintain the NTC facilities and surrounding grounds. Id. The RFP contemplated the award of an indefinite-delivery, indefinite‑quantity contract under which a variety of task orders would be issued. Id. The competition would be conducted pursuant to the acquisition procedures set forth in FAR part 15, Contracting by Negotiation. RFP at 107. Award would be made on a best-value tradeoff basis considering technical approach, staffing plan, business management approach, past performance, and cost/price factors. Id. at 107-110. The technical approach factor was significantly more important than all other technical factors combined, the staffing plan factor and the business management approach factors were equivalent, and the past performance factor was the least important. Id. at 111. The technical factors, when combined, were more important than evaluated prices. Id. Prior to the November 16, 2020, close of the solicitation period, eight offerors, including Kūpono and Eagle Harbor, submitted proposals. AR, Tab C.6, Source Selection Decision Document (SSDD) at 6. On March 1, 2022, the agency established a competitive range consisting of Kūpono, Eagle Harbor, and two other offerors. Id. at 7‑8. After conducting discussions and receiving revised proposals, the agency selected Eagle Harbor for award on December 21, 2022. Id. at 8. Shortly thereafter, Kūpono filed a protest with our Office challenging the award. AR, Tab C.6, SSDD at 9.

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