Nemean Solutions, LLC (H92239-23-R-0005)

B-422298,B-422298.2 Apr 22, 2024 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Nemean Solutions, LLC, of Sierra Vista, Arizona, a small business, protests the award of a contract to Nisga'a CIOPS LLC, of Chantilly, Virginia, also a small business, under request for proposals (RFP) No. H92239-23-R-0005, issued by the Department of the Army, Special Operations Command, for medical instruction support services for the joint special operations medical training center (JSOMTC) at the John F. Kennedy Special Warfare Center and School at Fort Liberty, North Carolina. Nemean argues that the Army failed to perform a reasonable price realism analysis of the awardee's proposal, failed to properly assess the risk of the awardee's proposed staffing approach, and treated Nemean's proposal unequally, which then resulted in an unreasonable source selection decision. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: Nemean Solutions, LLC File: B-422298; B-422298.2 Date: April 22, 2024 Christopher L. Lockwood, Esq., and Richard J.R. Raleigh, Jr., Esq., Womble Bond Dickinson (US) LLP, for the protester. Erika Whelan-Retta, Esq., Colonel Patricia S. Wiegman-Lenz, and Lawrence M. Anderson, Esq., Department of the Air Force; and Dan Peterson, Esq., Department of the Army, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency failed to perform a reasonable price realism analysis of the awardee’s labor rates and fringe benefits is denied where the record shows that the agency evaluated elements of the awardee’s proposed rates consistent with the solicitation by, among other things, comparing them to the average of all offerors’ rates, and to the incumbent’s rates, and made a reasonable judgment that the awardee’s rates were realistic and did not pose a risk of unsuccessful performance. 2. Protest that agency misevaluated proposals and treated offerors unequally is denied where the record shows the evaluation was reasonable and consistent with the solicitation criteria, and where differences in the evaluation were based on differences in the proposals rather than unequal treatment. DECISION Nemean Solutions, LLC, of Sierra Vista, Arizona, a small business, protests the award of a contract to Nisga’a CIOPS LLC, of Chantilly, Virginia, also a small business, under request for proposals (RFP) No. H92239‑23-R-0005, issued by the Department of the Army, Special Operations Command, for medical instruction support services for the joint special operations medical training center (JSOMTC) at the John F. Kennedy Special Warfare Center and School at Fort Liberty, North Carolina. Nemean argues that the Army failed to perform a reasonable price realism analysis of the awardee’s proposal, failed to properly assess the risk of the awardee’s proposed staffing approach, and treated Nemean’s proposal unequally, which then resulted in an unreasonable source selection decision. We deny the protest. BACKGROUND The RFP, issued on August 17, 2023, sought proposals from participants in the Small Business Administration’s section 8(a) program[1] to provide services for a base year and four option years on a fixed-price basis. The required services were described in an accompanying performance work statement (PWS). Agency Report (AR), Tab 12, Conformed RFP at 20. The PWS identified minimum qualifications for each of the three required job titles: advanced medical instructor-I (AMI I), advanced medical instructor‑II (AMI II), and special operations forces medical instructor/technical writer/training developer (SOF-P).[2] Conformed RFP at 28-30. Additionally, the offeror was required to designate a senior instructor manager and an alternate, a contract manager, and an assistant contract manager. Id. at 31-32. The RFP incorporated by reference the clause at FAR 52.222-41, indicating the applicability of the Service Contract Act (SCA), and provided a wage determination for Cumberland and Hoke counties in North Carolina. Id. at 69, 109-119. The contract was to be awarded to the offeror whose proposal was evaluated as “pass” under a set of qualifying criteria and provided the best value to the government under four factors: (1) technical knowledge of operational medical training; (2) staffing, retention, and management of personnel; (3) past and present performance; and (4) price/schedule. Of the four factors, the first two were more important than the third and, when combined, those three were more important than the price/schedule factor.