Vertex Aerospace, LLC (W58RGZ-21-R-0133)
Case: B-421835
Agency:
Protester: Vertex Aerospace, LLC
Date: 2023-11-01
Sustained
B-421835,B-421835.2,B-421835.3
Nov 01, 2023
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Highlights
Vertex Aerospace, LLC, of Madison, Mississippi, protests the award of a contract to Amentum Services, Inc., of Germantown, Maryland, under request for proposals (RFP) No. W58RGZ-21-R-0133, issued by the Department of the Army for services to support the fixed-wing program office. The protester contends the agency unreasonably evaluated proposals, which resulted in an unreasonable source selection decision.
We sustain the protest in part and deny it in part.
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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: Vertex Aerospace, LLC
File: B-421835; B-421835.2; B-421835.3
Date: November 1, 2023
J. Alex Ward, Esq., James A. Tucker, Esq., Caitlin A. Crujido, Esq., and Michaela E. Thornton, Esq., Morrison & Foerster LLP, for the protester.
Kevin P. Connelly, Esq., Kelly Buroker, Esq., Jeffrey Lowry, Esq., and Tamara Droubi, Esq., Vedder Price PC, for Amentum Services, Inc., the intervenor.
Jonathan A. Hardage, Esq., and Wade L. Brown, Esq., Department of the Army, for the agency.
Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging the agency’s evaluation of protester’s past performance and subsequent best-value tradeoff decision is sustained where the record indicates that the agency did not perform a qualitative assessment of protester’s proposal and relied on factual inaccuracies.
2. Protest challenging the agency’s evaluation of the protester’s technical proposal and awardee’s technical proposal is denied where the evaluation was reasonable and in accordance with the terms of the solicitation.
3. Protest challenging the agency’s evaluation of the protester’s small business commitment documentation is denied where the evaluation was reasonable and in accordance with the terms of the solicitation.
DECISION
Vertex Aerospace, LLC, of Madison, Mississippi, protests the award of a contract to Amentum Services, Inc., of Germantown, Maryland, under request for proposals (RFP) No. W58RGZ-21-R-0133, issued by the Department of the Army for services to support the fixed-wing program office. The protester contends the agency unreasonably evaluated proposals, which resulted in an unreasonable source selection decision.
We sustain the protest in part and deny it in part.
BACKGROUND
Since 1974, the Army’s fixed-wing aircraft have consisted primarily of commercial derivative aircraft that have been militarized to support missions during peacetime, contingency operations, and time of war. Agency Report (AR), Tab 1, Contracting Officer’s Statement (COS)/Memorandum of Law (MOL) at 4. To maintain this supply, the Army issued the current solicitation on July 22, 2022, in accordance with Federal Acquisition Regulation (FAR) part 15, for contractor logistics support services for the government-owned fixed-wing program office fleets performing transport aircraft missions. Id. at 4. The solicitation anticipated the award of a hybrid fixed-price/cost-reimbursement contract for a base year, which included a 3-month phase-in period, and five option years, the final one of which included a 3-month phase-out option. Id. at 4‑5. The due date for submission of proposals, as amended, was October 31, 2022. Id. at 6.
The solicitation provided for the evaluation of proposals based on the following factors: life cycle services scenario; comprehensive program management plan; past performance; small business commitment document; and cost/price. AR, Tab 21, Section M Narrative at 1.
For the life cycle services scenario, offerors were required to provide their approach and methodology for resolving a hypothetical scenario involving an aircraft that suffered engine failure overseas. AR, Tab 20, Section L Narrative at 6. For the comprehensive program management plan, offerors were to provide a description of the program organization, manpower structure, teaming/subcontracting arrangements, phase-in/phase-out approach, lifecycle services support, plan for management of government-furnished property, ten risks associated with contract performance, and a contingency plan for meeting requirements on short notice. Id. at 7‑8. In evaluating responses to the life cycle scenario, the agency would consider the offeror’s approach for assessing, repairing, and returning the aircraft. AR, Tab 21, Section M Narrative at 2. In evaluating the comprehensive program management plan, the agency would evaluate the offeror’s overall ability to meet the requirements of the solicitation, as well as the individual areas outlined in section L of the solicitation.[1] Id.
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