Exail Inc. (1305M225R0005)

B-424225,B-424225.2,B-424225.3 Apr 30, 2026 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Exail Inc., of Denver, Colorado, protests the award of a contract to Chance Technologies, LLC d/b/a Chance Marine Technologies, of Lafayette, Louisiana, pursuant to request for proposals (RFP) No. 1305M225R0005, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), to provide uncrewed marine systems and related services. Exail challenges various aspects of the agency's evaluation and source selection decision, including the assessment of a deficiency in Exail's technical proposal and the failure to assess deficiencies in Chance's proposal. Protest at 8-17. We deny the protest in part and dismiss it in part. 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: Exail Inc. File: B-424225; B-424225.2; B-424225.3 Date: April 30, 2026 Stephen Ruscus, Esq., and Kaitlyn E. Toth, Esq., Baker & Hostetler LLP, for the protester. Jeremiah Kline, Esq., and Andrew Parker Frank, Esq., Department of Commerce, for the agency. Glenn G. Wolcott, Esq., and April Y. Shields, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's assessment of a deficiency in protester's proposal for failing to address the solicitation requirements regarding training materials was reasonable and consistent with the terms of the solicitation. 2. Agency's evaluation of awardee's proposal without assessing any deficiencies was reasonable, consistent with the terms of the solicitation, and did not reflect disparate treatment of the offerors. 3. Protest that agency was precluded from considering external information in evaluating awardee's technical proposal fails to state a legally sufficient basis for protest and is dismissed. DECISION Exail Inc., of Denver, Colorado, protests the award of a contract to Chance Technologies, LLC d/b/a Chance Marine Technologies, of Lafayette, Louisiana, pursuant to request for proposals (RFP) No. 1305M225R0005, issued by the Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), to provide uncrewed marine systems and related services. Exail challenges various aspects of the agency's evaluation and source selection decision, including the assessment of a deficiency in Exail's technical proposal and the failure to assess deficiencies in Chance's proposal. Protest at 8-17.[1] We deny the protest in part and dismiss it in part. BACKGROUND On December 20, 2024, the agency issued the RFP, seeking proposals for the “design, construction, testing, training, maintenance and repair support, and program management for the acquisition of multiple Uncrewed Maritime Systems (UMS)[[2]] to support NOAA vessel program operations.”[3] RFP at 7. The solicitation contemplated the award of a single fixed-price indefinite-delivery, indefinite-quantity (IDIQ) contract,[4] and provided that source selection would be based on a best-value tradeoff between the following evaluation factors: (1) proposed UMS and production engineering approach; (2) production, management approach, schedule, projected workload, and capacity; (3) past performance; and (4) price.[5] Id. at 98-101. In evaluating proposals under the non-price factors, the agency would assign adjectival ratings of exceptional, very good, satisfactory, marginal, and unsatisfactory, and the solicitation provided that “[t]o be eligible for award, a proposal must receive a rating of satisfactory or better under the non-price factors.” Id. at 98. The solicitation's statement of work (SOW) established various performance requirements. Among other things, SOW section C-3.1.20 identified training requirements, beginning with the broad statement: “The Contractor shall provide comprehensive training and equipment operation and maintenance seminars . . . to familiarize the personnel with the operation and maintenance requirements of the UMS.”[6] RFP at 23. Of relevance here, this section of the SOW included the following: The Contractor shall prepare a Crew Training Plan (DI-021)[[7]] that shall include an Instructor's Guide in accordance with topical outlines. The Contractor shall make available copies of selected source documents for participants' use during the conduct of crew familiarization. The Contractor shall prepare Instructor Guides (DI-021-01) in lecture outline, demonstration, or question and answer (discussion) format, or any combination of these for each session or seminar outlined below.[[8]] The Contractor shall also prepare and provide Student Guides (DI-021-02) to each student, and shall mark the Student Guides “For Crew Training Purposes Only” for each session or seminar outlined below.[[9]] Id.