Leadership and Performance Strategies, LLC (N0018923Q0388)

Case: B-422023 Agency: Department of the Navy : Naval Supply Systems Command Protester: Leadership and Performance Strategies, LLC Date: 2023-12-29 Denied
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B-422023 Dec 29, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Leadership and Performance Strategies, LLC (LPS), of Sanford, North Carolina, protests the issuance of a purchase order to O2X Human Performance, LLC (O2X), under request for quotations (RFQ) No. N0018923Q0388, issued by the Department of the Navy, Naval Supply Systems Command, for human performance initiative services. The protester challenges the agency's price evaluation and the resulting best-value selection decision. We deny the protest. View Decision Decision Matter of: Leadership and Performance Strategies, LLC File: B-422023 Date: December 29, 2023 Ronald E. Hewett for the protester. James E. Vaiden, Esq., Robert D. Young, Esq., and Leslie Jefferson, Esq., Department of the Navy, for the agency. Kyle E. Gilbertson, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency failed to evaluate the reasonableness of awardee’s price is denied where record shows that agency’s price evaluation was reasonable and consistent with the solicitation’s terms. 2. Protest of agency’s best-value determination is denied where tradeoff decision was adequately documented and consistent with solicitation’s evaluation criteria. DECISION Leadership and Performance Strategies, LLC (LPS), of Sanford, North Carolina, protests the issuance of a purchase order to O2X Human Performance, LLC (O2X), under request for quotations (RFQ) No. N0018923Q0388, issued by the Department of the Navy, Naval Supply Systems Command, for human performance initiative services. The protester challenges the agency’s price evaluation and the resulting best-value selection decision. We deny the protest. BACKGROUND The agency issued the RFQ on August 23, 2023, pursuant to the simplified acquisition procedures prescribed in Federal Acquisition Regulation (FAR) subpart 13.5. Agency Report (AR), Tab 1, RFQ at 1, 10.[1] Issued as a total set-aside for service-disabled veteran-owned small businesses (SDVOSB), the solicitation sought services to support the development of a human performance initiative aimed at enhancing naval aircrew strength and physical conditioning to decrease neck and back pain. Id. at 1, 10, 70. Specifically, the contractor will provide on-site human performance specialists, workshops, assessments, and reports. Id. at 70. The RFQ contemplated the issuance of a fixed-price purchase order with a base year period of performance and up to four 1-year option periods. Id. at 10, 73. Using a best-value tradeoff, the agency intended to select the vendor whose quotation was “most advantageous to the Government,” when considering the following three evaluation factors: technical approach, past performance, and price. Id. at 14-15. Technical approach was more important than past performance, and when combined, the non-price factors were significantly more important than price. Id. at 15. Three firms, including LPS and O2X, submitted quotations by the September 1 due date for receipt of quotations. AR, Tab 2, Business Clearance Memorandum (BCM) at 1-2. An agency technical evaluation board (TEB) evaluated vendors’ technical quotations using adjectival ratings set forth in the RFQ as follows: outstanding, good, acceptable, marginal, or unacceptable for the technical approach factor; and substantial confidence, satisfactory confidence, neutral confidence, limited confidence, or no confidence for the past performance factor. Id. at 9; RFQ at 19-20. The agency thereafter conducted a price analysis of the three quotations. AR, Tab 2, BCM at 19-22. The agency’s final evaluation of LPS’s and O2X’s quotations is summarized as follows:   LPS O2X Technical Approach Acceptable Outstanding Past Performance Satisfactory Confidence Substantial Confidence Price $1,875,372.84 $3,956,507.83 Id. at 23. The contracting officer, acting as the source selection authority (SSA), thereafter independently reviewed the TEB’s evaluations and recommendations. She performed a tradeoff analysis and issued the purchase order to O2X. Id. at 22, 28. On September 22, the agency notified LPS of its selection decision. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 17. On September 26, at the request of the protester, the agency provided LPS with a brief explanation of the basis of award pursuant to section 13.106-3(d) of the FAR. Id. On September 28, LPS filed this protest with our Office. DISCUSSION The protester challenges the Navy’s decision to issue the purchase order to O2X. Specifically, LPS argues that the agency’s evaluation exhibited a “disregard for price reasonableness.” Protest at 1. Had the agency performed a proper best-value decision, the protester claims its lowest-priced quotation would have been selected for award. Id. at 1-2.

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