Global Technology and Management Resources, Inc. (N00421-22-R-3013)

B-422333.2,B-422333.3 Sep 18, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Global Technology and Management Resources, Inc. (GTMR), a small business of Hollywood, Maryland, protests the issuance of a task order to Secise, LLC, a small business joint venture of Bel Air, Maryland, under solicitation No. N00421-22-R-3013, issued by the Department of the Navy, Naval Air Systems Command (NAVAIR) for engineering, logistics, and other technical contractor support services. The protester contends that the Navy unreasonably concluded that the agency could issue the task order to a firm that does not hold the associated contract. 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: Global Technology and Management Resources, Inc. File: B-422333.2; B-422333.3 Date: September 18, 2024 Robert J. Sneckenberg, Esq., Olivia L. Lynch, Esq., Issac D. Schabes, Esq., and Roxanne N. Cassidy, Esq., Crowell & Moring LLP, for the protester. Gregory R. Hallmark, Esq., David S. Black, Esq., Kelsey M. Hayes, Esq., and Tanner N. Slaughter, Esq., Holland & Knight LLP, for Secise, LLC, and Don Selvy Enterprises, Inc., the intervenors. Andrew R. Munster, Esq., Dong Zee, Esq., and Kori L. Wilson, Esq., Department of the Navy; and Tanner M. Hatch, Esq., Small Business Administration, for the agencies. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the awardee's eligibility for the issuance of a task order is denied where the terms of the indefinite-delivery, indefinite-quantity contract specifically permit the awardee's submission of a proposal through the contract of an affiliated company. DECISION Global Technology and Management Resources, Inc. (GTMR), a small business of Hollywood, Maryland, protests the issuance of a task order to Secise, LLC, a small business joint venture of Bel Air, Maryland, under solicitation No. N00421-22-R-3013, issued by the Department of the Navy, Naval Air Systems Command (NAVAIR) for engineering, logistics, and other technical contractor support services. The protester contends that the Navy unreasonably concluded that the agency could issue the task order to a firm that does not hold the associated contract. We deny the protest. BACKGROUND On July 19, 2023, the Navy issued the request for proposals (RFP) to holders of the Navy's SeaPort Next Generation (NxG) multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) part 16. Agency Report (AR), Tab 2, RFP at 1-2, 98.[1] The solicitation sought proposals to provide logistics, engineering, and other technical services in support of NAVAIR's Air Combat Electronics Program Office (PMA-209). Id. at 60, 98. The RFP, issued as a small business set-aside, contemplated the issuance of a costplus-fixed-fee and cost task order with a 1-year base period and four 1-year option periods. Id. at 15. The solicitation established that award would be made on a best-value tradeoff basis, considering a technical evaluation factor and cost/price. Id. at 114-15. Four offerors, including GTMR and Secise, submitted proposals by the solicitation's August 28, 2023, deadline. Contracting Officer's Statement and Memorandum of Law (COS/MOL) at 8. On January 10, 2024, the Navy issued the task order to Secise. Id. at 9. GTMR protested to our Office, arguing that Secise was not eligible for the task order because it did not hold a SeaPort NxG IDIQ contract, and that the agency unreasonably evaluated proposals and made an improper source selection decision. Global Tech. & Mgmt. Res., Inc., B-422333, Feb. 23, 2024 (unpublished decision). In response, the agency submitted a notice of intent to take corrective action. Id. Specifically, the agency advised it would “carefully consider the allegations and, where necessary, re-evaluate proposals” and that “[i]f, as a result of the re-evaluation, an offeror other than the current awardee is selected for award, the Navy will terminate the existing awarded task order and make award consistent with the new award decision.” Id. at 1. As a result, we dismissed GTMR's protest as academic. Id. Following dismissal of GTMR's protest, the agency reevalauted proposals, and again selected Secise, issuing the task order on May 29. COS/MOL at 10. On the same day, the Navy notified the unsuccessful offerors. Id. This protest followed.[2] DISCUSSION The protester raises a number of challenges to the agency's evaluation and task order award decision. The gravamen of the protest, however, is focused on a single question: whether Secise is eligible to receive the task order even though Secise does not hold a SeaPort NxG IDIQ contract.