GAO Upholds TSA Award to Maximus Despite Protest by ManTech

In a recent decision, the Government Accountability Office (GAO) denied a protest filed by ManTech Advanced Systems International, Inc. regarding a task order awarded by the Transportation Security Administration (TSA) to Maximus Federal Services, Inc. The task order, valued at approximately $170.9 million, involved supporting the operations and maintenance of various mission support systems under the TSA’s OPTIMA program.

The protest centered on TSA’s evaluation of ManTech’s proposal in comparison to Maximus’s under the criteria of experience, staffing, and organizational conflicts of interest (OCI). ManTech contended that TSA improperly downgraded its proposal in the evaluation process, leading to an unfair disadvantage.

First, under the experience factor, ManTech argued that TSA misinterpreted the solicitation’s requirements by comparing the proposal’s examples against the ten specific tasks outlined in the Performance Work Statement (PWS). ManTech asserted that the agency should have evaluated its experience based on six overarching objectives, which it claimed were more relevant to the work. However, the GAO rejected this argument, stating that TSA’s interpretation was consistent with the solicitation’s language and that evaluating against both the tasks and objectives was reasonable. The GAO concluded that ManTech’s examples did not fully address the scope of work required, justifying TSA’s decision to rate its experience with "some confidence."

Second, ManTech challenged TSA’s evaluation of staffing, specifically criticizing the agency for identifying a three-person discrepancy between the staffing matrix and its transition plan. ManTech argued that the discrepancy was a misunderstanding of its phased staffing approach, but the GAO ruled that it was ManTech’s responsibility to provide a clear and consistent proposal. The GAO found that TSA’s evaluation of Maximus’s staffing plan as less risky was reasonable, further justifying the award.

Lastly, ManTech raised concerns about a potential organizational conflict of interest due to Maximus’s performance of another TSA task order. However, TSA waived the alleged conflict, which the GAO upheld as valid under the Federal Acquisition Regulation (FAR).

 This decision underscores the deference given to agencies in evaluating proposals and the legitimacy of OCI waivers. While ManTech disagreed with the evaluation, the GAO found that TSA acted within its discretion and complied with procurement regulations, confirming Maximus as the best-value offeror.

For federal contractors, this case highlights the importance of closely adhering to solicitation requirements and ensuring proposals are clear, detailed, and consistent to avoid misinterpretation by evaluators.