WILLCOR Inc. (N00039-24-R-3001)

B-422358 May 22, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights WILLCOR Inc., a historically underutilized business zone small business, of College Park, Maryland, protests the terms of fair opportunity proposal request (FOPR) No. N00039-24-R-3001, issued by the Department of the Navy, Naval Information Warfare Systems Command (NAVWAR), for a multitude of support services for the multifunction information distribution system (MIDS) program office (MPO) in San Diego, California. WILLCOR argues that the FOPR is unduly restrictive of competition because it sets a $40 million threshold for organizational experience references. We deny the protest. View Decision Decision Matter of: WILLCOR Inc. File: B-422358 Date: May 22, 2024 Brian Willoughby for the protester. Sarah M. Erly, Esq., John W. Torresala, Esq., Mai Oanh P. Ho, Esq., and Erin L. Hernandez, Esq., Department of the Navy, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation as unduly restrictive of competition because it sets a specific minimum dollar threshold for organizational experience references is denied where agency provides a rational explanation for the threshold and demonstrates that the threshold reasonably relates to the agency’s needs. DECISION WILLCOR Inc., a historically underutilized business zone small business, of College Park, Maryland, protests the terms of fair opportunity proposal request (FOPR) No. N00039-24-R-3001, issued by the Department of the Navy, Naval Information Warfare Systems Command (NAVWAR), for a multitude of support services for the multifunction information distribution system (MIDS) program office (MPO) in San Diego, California. WILLCOR argues that the FOPR is unduly restrictive of competition because it sets a $40 million threshold for organizational experience references. We deny the protest. BACKGROUND The FOPR, issued in accordance with Federal Acquisition Regulation (FAR) subpart 16.5 under the Navy’s SeaPort‑NxG multiple‑award contract, is a total small business set‑aside. Agency Report (AR), Tab 1, Conformed FOPR at 2.[1] The FOPR, for award of a “follow-on” contract, seeks proposals to provide acquisition and program management; configuration and data management; engineering, test and evaluation; logistics; cyber security/information assurance; contract support; third party sales support; and risk and opportunity management support services for the MIDS MPO. Id. The Navy conducted market research that indicated sufficient small business participation for this procurement. COS/MOL at 10-12. The Navy’s market research considered the responses to a request for information and compared this procurement to other similar procurements. AR, Tab 5, Market Survey Report; AR, Tab 6, Declaration of Contracting Officer. The FOPR contemplates the award of a task order with cost-plus-fixed-fee, level of effort, and cost-reimbursement line items, and a 1-year base period of performance and four 1-year option periods. Conformed FOPR at 32. The solicitation provides for a three-phase evaluation. Id. at 44. First, the Navy will evaluate whether offerors have an appropriate facility clearance; proposals not demonstrating the appropriate clearance will be rated unacceptable and will be ineligible for award. Id. Second, the Navy will evaluate proposals under the following three non‑cost factors: technical approach, management approach, and organizational experience.[2] Id. at 44‑47. Third, the Navy will perform a comparative analysis of the non‑cost proposals, identify the offeror with the highest technically rated proposal, and then evaluate only that firm’s cost proposal. Id. at 44. The Navy will not rank proposals and it will not conduct a cost/benefit tradeoff. Id. at 44. In sum, the FOPR provides that the task order will be issued to the highest-technically rated offeror “with a fair and reasonable price.” Id. As germane to WILLCOR’s protest, the FOPR instructs offerors to provide no fewer than two and no more than three references under the organizational experience factor, each of which “must be for an individual contract/task order with a total individual contract or task order value of at least $40 [million].” Conformed FOPR at 38. The FOPR explains that the Navy will consider each offeror’s recent and relevant organizational experience references to assess the offeror’s ability to successfully perform the solicitation’s requirements. With regard to the evaluation of organizational experience, the solicitation advises that: The Government will only evaluate those individual contract/task order references that meet the total individual contract/task order value of at least $40 [million] and have been performed within the past three years from the date the FOPR is released. Id.