ITility LLC (FA564124R0006)

B-422638 Sep 05, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights ITility, LLC, of Chantilly, Virginia, protests the terms of fair opportunity proposal request (FOPR) No. FA564124R0006, issued by the Department of the Air Force for technical and analytical services. The protester contends that the agency improperly changed the criteria for award without a rational basis. 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: ITility, LLC File: B-422638 Date: September 5, 2024 Daniel Strouse, Esq., John J. O'Brien, Esq., and Jason W. Moy, Esq., Cordatis LLP, for the protester. Isabelle P. Cutting, Esq., and William M. Fuller, Esq., Department of the Air Force, for the agency. 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 terms of solicitation as irrational and reflecting bias against the protester is denied where the agency reasonably exercised its discretion to establish evaluation criteria. DECISION ITility, LLC, of Chantilly, Virginia, protests the terms of fair opportunity proposal request (FOPR) No. FA564124R0006, issued by the Department of the Air Force for technical and analytical services. The protester contends that the agency improperly changed the criteria for award without a rational basis. We deny the protest. BACKGROUND On April 5, 2024, the agency issued the FOPR to holders of the Air Force's Advisory and Assistance Services V (A&AS V) indefinite-quantity, indefinite-delivery (IDIQ) multiple-award contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) part 16. Agency Report (AR), Tab 30, Initial FOPR, Cover Letter at 1.[1] The solicitation seeks to procure support services to assist the Air Force's mission as a component of the United States European Command and United States Africa Command in the planning, integration, and execution of command and control; integrated air and missile defense; intelligence, surveillance and reconnaissance; international relations and political/military advisory; and coalition / partner training. AR, Tab 60, Performance Work Statement (PWS) at 7-8. The agency refers to the solicited services as Consolidated Mission Support (CMS). Id. at 1. The FOPR contemplates the issuance of a single task order with cost-plus-award-fee, cost reimbursable, and fixed price line items, with a period of performance of 5 years and 2 months, inclusive of a phase-in period and all options. AR, Tab 89, FOPR amend. 5, Cover Letter at 1. The solicitation provides for award to the highest technically rated offeror with a realistic and reasonable price. Id. at 1. The agency's source selection will be based on the offerors' self-scoring, using an agency-provided scoring table. AR, Tab 85, FOPR amend. 4, Evaluation Criteria at 4-5. The scoring table allows offerors to claim points based on up to five “work samples (contracts/task orders) which demonstrated their past technical experience.” AR, Tab 90, FOPR amend. 5, Instructions to Offerors at 7. At least two of the work samples must be from the offeror itself performing as a prime contractor or major subcontractor; the remaining work samples may be from proposed subcontractors. Id. Under the scoring table, offerors can claim up to 17,000 points across the following four categories: (1) the number of work samples where the offeror provided a minimum of eight different functional skillsets; (2) the number of work samples where the offeror provided direct engineering and technical support; (3) the number of positions (referred to as contractor man-year equivalents or CMEs) managed under the largest work sample; and (4) the number of mission partners supported on a work sample. AR, Tab 85, FOPR amend. 4, Evaluation Criteria at 5. Relevant here, the offeror can claim the maximum number of points from the third category, for managing 90 or more CMEs on a single effort. AR, Tab 52, FOPR amend. 1, Self-Scoring Matrix. The FOPR also identifies two tiebreakers to be used in the event of a tie for the highest technical score after self-scores are evaluated and validated by the agency. Each tiebreaker is coupled to one of the four self-scoring categories. AR, Tab 85, FOPR amend. 4, Evaluation Criteria at 2. The first tiebreaker, connected to the third category, looks to the largest number of CMEs managed on a single work sample.[2] Id. at 2. The agency amended the FOPR three times before receiving multiple offers by the May 20, 2024, deadline for receipt of proposals. Contracting Officer's Statement (COS) at 9. On May 29, the agency issued amendment 4 to the solicitation, revising the instructions to offerors and evaluation criteria. AR, Tab 82, FOPR amend. 4 at 1-2.