Inmarsat Government, Inc. (FA2541-24-Q-B004)
Case: B-422788
Agency: Department of the Air Force : United States Space Force
Protester: Inmarsat Government, Inc.
Date: 2024-10-23
Denied
B-422788
Oct 23, 2024
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Highlights
Inmarsat Government, Inc., of Reston, Virginia, challenges the issuance of a task order to Global Enterprise Solutions, Inc. (GES), of Sterling, Virginia, pursuant to the General Services Administration's Complex Commercial Satellite Communications Solutions (CS3) indefinite-delivery, indefinite-quantity (IDIQ) contract by the United States Space Force for commercial Ku-band satellite bandwidth and related equipment and services. The protester alleges that the agency erred in evaluating its technical proposal and in evaluating the awardee's price proposal.
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: Inmarsat Government, Inc.
File: B-422788
Date: October 23, 2024
Paul R. Hurst, Esq., Caitlin T. Conroy, Esq., and Anna Menzel, Esq., Steptoe & Johnson LLP, for the protester.
Keith R. Szeliga, Esq., Daniel Alvarado, Esq., and Lillia J. Damalouji, Esq., Sheppard Mullin Richter & Hampton LLP, for Gloval Enterprise Solutions, Inc., the intervenor.
Colonel Nina R. Padalino, Erika Whelan Retta, Esq., Christian H. Robertson, Esq., and Major William M. Fuller, United States Air Force, and Allen B. Coe, Esq., United States Space Force, for the agency.
Michael Willems, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the agency’s evaluation of proposals is denied where the agency’s evaluation was reasonable and consistent with the terms of the solicitation and applicable procurement law.
DECISION
Inmarsat Government, Inc., of Reston, Virginia, challenges the issuance of a task order to Global Enterprise Solutions, Inc. (GES), of Sterling, Virginia, pursuant to the General Services Administration’s Complex Commercial Satellite Communications Solutions (CS3) indefinite-delivery, indefinite-quantity (IDIQ) contract by the United States Space Force for commercial Ku-band[1] satellite bandwidth and related equipment and services. The protester alleges that the agency erred in evaluating its technical proposal and in evaluating the awardee’s price proposal.
We deny the protest.
BACKGROUND
On February 2, 2024, the agency issued the fair opportunity proposal request (FOPR) to all CS3 IDIQ contract holders.[2] COS at 3. The FOPR contemplated issuing a single fixed-price task order with a 1-year base period and four 1-year option periods. AR, Tab 11, FOPR at 23. The FOPR also provided that the agency would award to the offeror that represented the best value to the government based on a tradeoff between technical and price. Id. at 116-118.
Relevant to this procurement, the FOPR required that satellite service proposed by offerors be “non-pre-emptible[[3]] commercial Ku-band (standard or extended) satellite bandwidth, which must be offered on satellites that are currently on-orbit, operational, and station-kept.” Id. at 76. Additionally, the FOPR required offerors to furnish letters of supply “valid through the start date of the contracted services, or other contractual agreements that require space segment supplier to provide the identified services in support of the offeror’s quote,” and explained that proposals lacking such letters would not be considered. AR, Tab 12, Amended Instructions to Offerors at 9. Moreover, the FOPR further explained that the agency would specifically evaluate technical risk of offerors’ technical approaches and defined an “unacceptable” technical proposal as one that had either one or more deficiencies or an unacceptable risk of unsuccessful performance. Id. at 19, 21. Concerning price, the solicitation explained that the agency would evaluate prices for reasonableness, completeness, and unbalanced pricing. Id. at 22.
Further, concerning interchanges, the solicitation explained that “[s]ource [s]election procedures, in accordance with FAR subpart 15.3 as supplemented, will not be used,” and that the contracting officer “reserves the right to conduct information interchanges with none, one, some, or all offerors.” Id. at 17. The FOPR further explained that such interchanges may “address any aspects of the quote, including, but not limited to: technical/management, price and any other matter in the evaluation process.” Id.
On March 18, 2024, the agency received three proposals, including one from Inmarsat and one from GES. COS at 13. Relevant to this protest, the agency found GES’s technical proposal to be acceptable, but found both Inmarsat and the third offeror to be technically unacceptable. COS at 16.
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