Decision Released: Naval Information Systems Warfare Command Enterprise Network Cyber Defense Services Protest Dismissal

File:  B-422437.2

Digest

Protest is dismissed where protester’s proposal was technically unacceptable due to unavailability of proposed key personnel, and, as a result, protester is not an interested party to question the agency’s evaluation or source selection decision.

Discussion

Cask primarily contends that issuance of a task order “to RMC was improper because RMC either improperly proposed individuals to fulfill the Key Personnel who were not available for this task order or that RMC did not expect to use during contract performance, or RMC proposed Cask’s Key Personnel without authorization to include their resumes.” Protest at 13. Cask also challenges the evaluation of its own proposal under the key personnel factor as unreasonable, and asserts it should have received a higher rating. Id. generally at 18-24. Further, Cask takes issue with the agency’s cost realism evaluation of RMC’s proposal. Id. generally at 25-26. Finally, Cask argues that the agency’s best-value tradeoff was necessarily flawed because it relied on a flawed underlying evaluation. Id. at 26-27.

The agency requests that we dismiss the protest because Cask is not an interested party. Req. for Dismissal at 2. First, the agency maintains that Cask is not next in line for award, as a third offeror was evaluated as higher technically rated and lower priced than Cask. Id. at 2-3. Second, the agency asserts the protester’s proposal is technically unacceptable and cannot form the basis for an award due to one of Cask’s proposed key personnel becoming unavailable after proposals were submitted, but prior to the agency making award. Id. at 3-4. For the reasons explained below, we find that dismissal is appropriate …

Decision

Cask Technologies, LLC (Cask), a small business of Stafford, Virginia, protests the issuance of a task order to Resource Management Concepts, Inc. (RMC), a small business of Lexington Park, Maryland, under task order request for proposals (RFP) No. N6600123R3515, issued by the Department of the Navy, Naval Information Systems Warfare Command for enterprise network cyber defense services. The protester challenges the agency’s evaluation of proposals and resulting source selection decision.

We dismiss the protest because Cask is not an interested party.

Read the decision here.

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