Network Security Technologies, Inc., B-290741.2, November 13, 2002

B-290741.2 Nov 13, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Who was admitted to GAO protective order. Information to which it was fully aware it was not entitled because the information was covered by protective order. Protest challenging awardee's past performance evaluation is denied where agency properly considered the past performance record of the various member firms of the joint venture proposed to perform the contract. BACKGROUND There are two aspects to the background of this procurement that are relevant to our decision. The Procurement The RFP sought proposals to create and operate a CIRC for the VA to ensure that computer security incidents are detected. The CIRC is to provide assurance that cyber security controls are in place to protect automated information systems from financial fraud. View Decision Network Security Technologies, Inc., B-290741.2, November 13, 2002 DIGEST Attorneys DECISION Network Security Technologies, Inc. (NETSEC) protests the award of a contract to VA Security Team, LLC (VAST) under request for proposals (RFP) No. 101-21-02, issued by the Department of Veterans Affairs (VA) as a 100-percent small business set-aside for a central incident response capability (CIRC) for computer security. NETSEC principally challenges the evaluation of VAST's past performance. We deny the protest. BACKGROUND There are two aspects to the background of this procurement that are relevant to our decision--information regarding the solicitation and award process, which goes to the merits of NETSEC's arguments, and facts regarding NETSEC's and its counsel's actions in pursuing the protest. The Procurement The RFP sought proposals to create and operate a CIRC for the VA to ensure that computer security incidents are detected, reported, and corrected as quickly as possible, and with minimal impact on the availability and integrity of veterans services. In addition, the CIRC is to provide assurance that cyber security controls are in place to protect automated information systems from financial fraud, waste, and abuse. The RFP contemplated the award of a fixed-price, performance-based contract for a base year, with up to 9 option years. The evaluation factors, in descending order of importance, were: management plan, past performance, and cost/price. Overall, technical factors were more important than price. Proposals were to be evaluated using a color code system including blue (exceptional), green (acceptable), yellow (marginal), white (neutral), and red (unacceptable). Award was to be made on a "best value" basis. The RFP provided that small businesses could form joint ventures, so long as at least 51 percent of the work was performed by the small businesses. Sixteen offerors submitted proposals, five of which, including NETSEC's and VAST's, were included in the competitive range. The offerors made oral presentations and engaged in discussions with the agency before submitting final proposal revisions. The final evaluations for VAST and NETSEC (the only proposals relevant here) were as follows: . Technical Past Performance Price Overall NETSEC Green Light Blue Yellow ($9.2 million) Yellow VAST Blue Dark Blue Blue ($6.5 million) Blue In reaching its evaluation conclusions, the agency noted that NETSEC's proposal contained more weaknesses than strengths. For example, in the area of proposed proprietary tools, the agency found that the proposal lacked information on necessary customization, and provided a limited commitment of NETSEC's key personnel (90 days). Agency Report (AR), exh. 8, at 14. In contrast, the agency found that the VAST team had extensive experience in computer security; that its key personnel were likewise well-experienced and fully committed to perform for the base year; and that it had demonstrated the use of various tools. Id. at 15-16. With regard to price, NETSEC proposed the highest cost per hour of any of the vendors in the competitive range, and VAST proposed the lowest cost per hour. Because VAST's proposal had the highest technical rating and the lowest proposed price of all offerors, the agency determined that it represented the best value and awarded it the contract. After receiving notice of the award and a debriefing, NETSEC filed this protest challenging the evaluation and award decision. NETSEC's Actions The protest was originally filed on behalf of NETSEC in the name of Mr. Robert Kalchthaler, NETSEC's senior vice president. During the course of the development of the protest record, Mr. John Kitchings, NETSEC's contract administrator, acted as the protester's representative. Because NETSEC had filed its protest pro se, our Office did not issue a protective order in the matter, and NETSEC's copy of the agency report therefore did not include various source selection documents or VAST's proposal. See Bid Protest Regulations, 4 C.F.R. Sec. 21.4(a) and (b) (2002).