About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



B-419459 Mar 12, 2021 1 (2021-03-12)

handle is hein.gao/gaolkk0001 and id is 1 raw text is: 


                   1O 0 U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                                A Century of Non-Partisan Fact-Based Work
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States


                                             DOCUMENT   FOR PUBLIC RELEASE
Decision                                   The decision issued on the date below was subject to
                                           a GAO Protective Order. This redacted version has
                                           been approved for public release.
Matter of:   A-P-T Research, Inc.

File:        B-419459

Date:     March 12,   2021

J. Dale Gipson, Esq., Jon Levin, Esq., and Michael Rich, Esq., Maynard Cooper & Gale,
PC, for the protester.
Daniel R. Forman, Esq., and James G. Peyster, Esq., Crowell & Moring LLP, for ARES
Technical Services Corporation, the intervenor.
Zachary Jacobson, Esq., Carlos Pedraza, Esq., Andrew J. Smith, Esq., and
Stephen  Hernandez, Esq., Department of the Army, for the agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest challenging evaluation of protester's proposal as unacceptable under a
technical subfactor for failing to provide a bilateral employment agreement for its
proposed program  manager  is denied where the record reflects that, even had the
protester received an acceptable rating under the subfactor, the protester's proposal
would not have been selected for award, and therefore, the protester cannot
demonstrate competitive prejudice.

2. Protest challenging the agency's evaluation of technical proposals is denied where
the record reflects that the agency reasonably evaluated the proposals in accordance
with the terms of the solicitation.

3. Protest challenging agency's cost realism analysis and evaluation of professional
employee  compensation plans is denied where the record demonstrates that the
evaluation was reasonable and consistent with the terms of the solicitation and the
requirements of Federal Acquisition Regulation provision 52.222-46.
DECISION

A-P-T Research, Inc., a small business of Huntsville, Alabama, protests the award of a
contract to ARES Technical Services Corporation, of Burlingame, California, also a
small business, under request for proposals (RFP) No. HQ0858-20-R-0003, issued by
the Department of Defense, Missile Defense Agency (MDA), for technical, engineering,
advisory and management  support (TEAMS)  safety support services. APT challenges