ASRC Federal Technology Solutions, LLC (80GRC022R0013)
Case: B-421750
Agency: Independent Government Entities : National Aeronautics and Space Administration
Protester: ASRC Federal Technology Solutions, LLC
Date: 2023-09-21
Denied
B-421750
Sep 21, 2023
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Highlights
ASRC Federal Technology Solutions, LLC (AFTS), a small business of Beltsville, Maryland, protests the award of a contract to Osi Vision, LLC, a small business of San Antonio, Texas, under request for proposals (RFP) No. 80GRC022R0013, issued by the National Aeronautics and Space Administration (NASA) for its technical workforce education and expertise development services (TWEEDS) program. The protester challenges the agency's evaluation of proposals and resulting award 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: ASRC Federal Technology Solutions, LLC
File: B-421750
Date: September 21, 2023
Joshua B. Duvall, Esq., and David Y. Yang, Esq., Maynard Nexsen, PC, for the protester.
John R. Tolle, Esq., Baker, Cronogue, Tolle & Werfel, LLP, for Osi Vision, LLC, the intervenor.
James P. Burke, Esq., Angela R. Mucha, Esq., MacAllister A. West, Esq., and Victoria H. Kauffman, Esq., National Aeronautics and Space Administration, for the agency.
Kasia Dourney, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging agency’s evaluation of mission suitability proposal is denied where protester fails to demonstrate that the agency’s evaluation was unreasonable or inconsistent with the terms of the solicitation.
2. Protest challenging agency’s evaluation of past performance is denied where the evaluation was reasonable and consistent with the terms of the solicitation.
3. Protest challenging agency’s cost/price evaluation is denied where the agency reasonably evaluated price in accordance with the solicitation and where the protester failed to timely raise its challenge to the agency’s cost reasonableness evaluation.
DECISION
ASRC Federal Technology Solutions, LLC (AFTS), a small business of Beltsville, Maryland, protests the award of a contract to Osi Vision, LLC, a small business of San Antonio, Texas, under request for proposals (RFP) No. 80GRC022R0013, issued by the National Aeronautics and Space Administration (NASA) for its technical workforce education and expertise development services (TWEEDS) program. The protester challenges the agency’s evaluation of proposals and resulting award decision.
We deny the protest.
BACKGROUND
The agency created its TWEEDS program by consolidating two existing contracts to support the Office of the Chief Engineer’s Academy of Program/Project and Engineering Leadership Knowledge Services. Agency Report (AR), Tab 5, RFP at 3; see also AR, Tab 4, Determinations & Findings (D&F) at 2. The resulting contract will support agency-level requirements for NASA’s technical workforce training and curriculum, professional development resources, knowledge-sharing initiatives, and strategic communications. Id.[1]
On October 14, 2022, NASA issued the TWEEDS solicitation as a small business set-aside, pursuant to Federal Acquisition Regulation (FAR) part 15 procedures.[2] AR, Tab 4, D&F at 2; RFP at 81; Contracting Officer’s Statement (COS) at 1. The solicitation contemplated award of a hybrid fixed-price, cost-plus-fixed-fee, and cost-no-fee contract to provide services for a sixty day phase-in period on a fixed-price basis, followed by a 1-year base period and four 1-year options, consisting each of fixed-price, cost-plus-fixed-fee, and cost-no-fee components. RFP at 60, 70.
The RFP advised that award would be made on a best-value tradeoff basis, considering the following factors: mission suitability, relevant experience and past performance, and cost/price. Id. at 82. The solicitation instructed offerors that the mission suitability factor was more important than past performance, which was more important than cost/price. Id. at 88. When combined, the mission suitability and past performance factors were significantly more important than cost/price. Id.
The mission suitability factor consisted of three subfactors: (1) management approach (assigned up to 600 points); (2) technical approach scenario 1--curriculum quality (assigned up to 250 points); and (3) technical approach scenario 2--knowledge services (assigned up to 150 points). Id. Additionally, the management approach subfactor included eight equally weighted elements: (1) organizational structure; (2) key positions and qualifications; (3) labor skill mix; (4) total compensation plan; (5) performance management plan; (6) portfolio management plan; (7) subcontractor plan; and (8) phase-in plan. Id. at 84-85. The RFP provided that NASA would evaluate proposals and assess significant strengths, strengths, weaknesses, significant weaknesses, and deficiencies, as appropriate. Id.at 82-83.
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