VSE Corporation (N0002418R4200)

B-421942,B-421942.2,B-421942.3 Dec 13, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights VSE Corporation, of Alexandria, Virginia, protests the Department of the Navy, Naval Sea Systems Command's award of a contract to Amentum Services, Inc. of Germantown, Maryland, under request for proposals (RFP) No. N0002418R4200 for foreign military sales (FMS) follow-on technical support (FOTS). VSE argues that the agency's evaluation of proposals and resulting award decision were improper. 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: VSE Corporation File: B-421942; B-421942.2; B-421942.3 Date: December 13, 2023 Grant H. Willis, Esq., Fernand A. Lavallee, Esq., Ryan P. McGovern, Esq., and Robyn B. Celestino, Esq., Jones Day, for the protester. Jason A. Carey, Esq., J. Hunter Bennett, Esq., and Andrew R. Guy, Esq., Covington & Burling LLP, for Amentum Services, Inc., the intervenor. Laura A. Whitten, Esq., Christopher Lybeck, Esq., Trenton Bowen, Esq., and Robert M. Jusko, Esq., Department of the Navy, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protests challenging cost realism analysis and the agency’s evaluation under the management factor are denied where the record shows that the agency complied with the solicitation’s terms. 2. Protest that the agency failed to perform a proper best-value tradeoff is denied where the agency’s award decision was reasonable and adequately documented. DECISION VSE Corporation, of Alexandria, Virginia, protests the Department of the Navy, Naval Sea Systems Command’s award of a contract to Amentum Services, Inc. of Germantown, Maryland, under request for proposals (RFP) No. N0002418R4200 for foreign military sales (FMS) follow-on technical support (FOTS). VSE argues that the agency’s evaluation of proposals and resulting award decision were improper. We deny the protest. BACKGROUND On July 5, 2019, using the procedures of Federal Acquisition Regulation (FAR) part 15, the Navy issued the solicitation on an unrestricted, full and open competitive basis. Agency Report (AR) Tab 1, RFP at 1, 168.[1] The RFP sought proposals to provide foreign customers access to a broad range of security cooperation solutions and FOTS, including sustainment material, systems upgrades, systems integration support, training, and other related efforts associated with the transfer and acquisition, operation, and maintenance of naval vessels, systems, and related ship support infrastructure within their inventories through the FMS program. Id. at 11. The solicitation provided for award of a single indefinite-delivery, indefinite-quantity (IDIQ) contract with cost-plus-fixed-fee (CPFF), fixed-price, and cost-reimbursable contract line item numbers (CLINs). COS/MOL at 3. The contract would have a 5-year period of performance. Id. The solicitation provided for award to be made on a best-value tradeoff basis and established the following four evaluation factors, in descending order of importance: (1) technical capability, (2) management, (3) past performance, and (4) evaluated cost/price. RFP at 168. The three non-cost/price factors, when combined, were significantly more important than the evaluated cost/price factor. Id. The RFP explained that the technical capability and management factors would be evaluated and assigned adjectival technical/risk ratings of outstanding, good, acceptable, marginal, or unacceptable. Id. at 167. In contrast, the past performance factor would be evaluated on an acceptable/unacceptable basis. Id. at 167-68. With respect to cost/price, the agency would evaluate for reasonableness, balance, and realism. Id. at 170. The agency received four proposals by the September 24, 2019, deadline for receipt of initial proposals. COS/MOL at 3, 10. Following discussions and submission of final proposal revisions, the evaluators assessed the protester’s and awardee’s proposals as follows:   VSE Amentum Technical capability Outstanding Outstanding Management Outstanding Outstanding Past performance Acceptable Acceptable Evaluated cost/price $633,933,957 $612,398,048   AR, Tab 18, Source Selection Decision Document (SSDD) at 2-3. The source selection authority (SSA) reviewed and concurred with the source selection advisory council’s (SSAC) comparison of proposals and concluded that Amentum’s lower-price proposal provided the best value. Id. at 4-6. On August 18, 2023, the Navy awarded the contract to Amentum. COS/MOL at 14. This protest followed. DISCUSSION The protest is focused primarily on the agency’s evaluation of Amentum’s proposal.