Tygrove Technologies, RLLP (47QFNA23R0013)
Case: B-422448
Agency: Independent Government Entities : Federal Acquisition Service
Protester: Tygrove Technologies, RLLP
Date: 2024-06-24
Denied
B-422448
Jun 24, 2024
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Highlights
Tygrove Technologies, RLLP, an 8(a) small business joint venture of McLean, Virginia, protests the issuance of a task order to Business Enabled Acquisition & Technology, LLC (BEAT), of San Antonio, Texas, under task order request for proposals (TORFP) No. 47QFNA23R0013, issued by the General Services Administration (GSA) for information technology support services. The protester was eliminated in phase 1 of the competition and primarily challenges the evaluation of its proposal under the past performance, relevant experience, and team structure factor.
We deny the protest.
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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: Tygrove Technologies, RLLP
File: B-422448
Date: June 24, 2024
Richard P. Rector, Esq., Dawn E. Stern, Esq., David R. Lacker, Esq., and Andrew W. Current, Esq., DLA Piper LLP (US), for the protester.
Alexander B. Ginsberg, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for Business Enabled Acquisition & Technology, LLC, the intervenor.
Meaghan Q. LeClerc, Esq., General Services Administration, and Mark R. Hagedorn, Esq., Small Business Administration, for the agencies.
April Y. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the agency's exclusion of the protester's proposal from phase 1 of a competition in which the agency evaluated the past performance, experience, and team structure factor is denied where the protester has not established that the agency's evaluation was unreasonable or inconsistent with the terms of the solicitation or applicable procurement law and regulation.
DECISION
Tygrove Technologies, RLLP, an 8(a) small business joint venture[1] of McLean, Virginia, protests the issuance of a task order to Business Enabled Acquisition & Technology, LLC (BEAT), of San Antonio, Texas, under task order request for proposals (TORFP) No. 47QFNA23R0013, issued by the General Services Administration (GSA) for information technology support services. The protester was eliminated in phase 1 of the competition and primarily challenges the evaluation of its proposal under the past performance, relevant experience, and team structure factor.
We deny the protest.
BACKGROUND
On October 30, 2023, the agency issued the TORFP pursuant to the procedures in FAR subpart 16.5 and to firms holding indefinite-delivery, indefinite-quantity (IDIQ) contracts under GSA's 8(a) Streamlined Technology Acquisition Resources for Services (STARS) III governmentwide acquisition contract vehicle. Agency Report (AR), Tab 5, TORFP at 1.[2] The TORFP seeks a contractor to provide a range of information technology support services for the Air Force Civil Engineer Center (AFCEC). The TORFP explains that the “AFCEC is the primary nexus for managing the performance of the [Air Force] environmental mission and thus considerable [information technology] support is required.” AR, Tab 5c, TORFP Performance Work Statement (PWS) at 4.
The TORFP contemplated the issuance of a single, primarily fixed-price task order to be performed over a base year period, four 1-year options, and an optional 6-month extension. TORFP at 2, 4. The TORFP provided for award “to the offeror whose proposal is the most advantageous to the government” based on a two-phase evaluation process. AR, Tab 5e, TORFP Evaluation Factors at 1, 3. Overall, the TORFP emphasized that the evaluation would consider: the offeror's understanding of the government requirements; the quality of the proposed services; the likelihood of the offeror successfully performing the task order; and price. Id. at 1. The TORFP also emphasized that the evaluation would include “an assessment of the risk associated with the offeror's proposal as it relates to” each evaluation factor. Id.
Of relevance here, in phase 1, the agency would consider the most important non-price evaluation factor, i.e., the past performance, experience, and team structure factor.[3] Id. at 12. The TORFP instructed offerors to submit past performance/relevant experience examples and a completed template and narrative describing the team structure. TORFP at 12.
In terms of past performance/relevant experience, the TORFP instructed offerors to submit information for two to seven “similar/relevant contracts or task orders substantially performed within the last five years by the business unit of the prime contractor (or Joint Venture, or predecessor[] Joint Venture or component of the proposing Joint Venture) that will perform the associated work on this task order.” Id. at 12-13. The TORFP also noted that, “in accordance with SBA Regulation 13 C.F.R.
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