The Mission Essential Group, LLC (HHM402-19-D-0012-0007)

B-421504.4,B-421504.5 Nov 29, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The Mission Essential Group, LLC, of New Albany, Ohio, protests the issuance of a task order to Edge Analytic Solutions, LLC, a joint venture of McLean, Virginia, under an unnumbered task order proposal request (TOPR), issued by the Defense Intelligence Agency (DIA) for non-personal services to support the U.S. Space Command (USSPACECOM) with the establishment and execution of intelligence missions, functions, and operations. In challenging the agency's source selection decision, Mission Essential contends, among other things, that the evaluation of proposals was unreasonable and that the agency failed to reasonably consider Edge Analytic's impaired objectivity organizational conflict of interest (OCI). We deny the protest. View Decision Decision Matter of: The Mission Essential Group, LLC File: B-421504.4; B-421504.5 Date: November 29, 2023 Craig A. Holman, Esq., Kara L. Daniels, Esq., Stuart W. Turner, Esq., and Julia Swafford, Esq., Arnold & Porter Kaye Scholer, LLP, for the protester. Jason A. Carey, Esq., J. Hunter Bennett, Esq., Andrew R. Guy, Esq., and Jennifer K. Bentley, Esq., Covington & Burling LLP, for Edge Analytic Solutions, LLC, the intervenor. James E. Durkee, Esq., Max D. Houtz, Esq., William S. Whitman, Esq., and Darren S. Gilkes, Esq., Defense Intelligence Agency, for the agency. Christopher Alwood, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the awardee had disqualifying organizational conflicts of interest is denied where the agency waived the alleged conflicts and the waiver was consistent with the requirements of the Federal Acquisition Regulation. 2. Protest challenging the agency’s failure to amend the solicitation to incorporate a limitation of future contracting clause is denied where the protester did not establish that it was competitively prejudiced by the agency’s actions. 3. Protest alleging inadequate and unequal discussions is dismissed as an untimely challenge to the terms of the solicitation where the solicitation stated that the agency had the discretion to conduct discussions and request proposal revisions from only one offeror, and the protester failed to timely challenge these terms by the closing date. 4. Protest challenging the agency’s evaluation of proposals under technical factor is denied where the evaluation was reasonable and consistent with the terms of the solicitation and the protester could not establish that it was competitively prejudiced by the agency’s evaluation errors. DECISION The Mission Essential Group, LLC, of New Albany, Ohio, protests the issuance of a task order to Edge Analytic Solutions, LLC, a joint venture of McLean, Virginia, under an unnumbered task order proposal request (TOPR), issued by the Defense Intelligence Agency (DIA) for non-personal services to support the U.S. Space Command (USSPACECOM) with the establishment and execution of intelligence missions, functions, and operations. In challenging the agency’s source selection decision, Mission Essential contends, among other things, that the evaluation of proposals was unreasonable and that the agency failed to reasonably consider Edge Analytic’s impaired objectivity organizational conflict of interest (OCI). We deny the protest. BACKGROUND On October 21, 2022, the agency issued the solicitation to all holders of DIA’s Solutions for Intelligence Analysis Three multiple‑award indefinite‑delivery, indefinite‑quantity (IDIQ) contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 16.5. Agency Report (AR), Tab 7, TOPR at 1.[1] The “SPACECOM Personnel for Analysis Contributing to Excellence II [SPACE II]” TORP sought proposals to provide non-personal services supporting USSPACECOM[2] with the establishment and execution of intelligence missions, functions, and operations. Id. at 1, 38. The solicitation contemplated the award of a single labor-hour task order for a 1‑year base period and four 1‑year option periods. Id. at 1, 82. The TOPR provided for award to the highest technically evaluated proposal with a fair and reasonable price, considering price reasonableness and a single non-price technical factor. Id. at 9. The TOPR advised offerors that the agency would make its award decision using a two-step evaluation process. First, the agency would evaluate offerors’ technical proposals to determine the extent to which they demonstrated sound technical and management approaches. Id. at 9‑10. Second, the agency would evaluate the price proposal of only the highest technically evaluated proposal. Id. at 6. The TOPR specified that offerors would provide technical proposals via an oral presentation. Id.