GAO Report from B-291573.7

B-291573.7 Apr 25, 2003 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Request for recommendation of reimbursement of protest costs is denied where agency's decision to take corrective action was not in response to clearly meritorious arguments raised by the protester. The order was issued pursuant to request for quotations (RFQ) No. The fixed-price portion of the order (for which a monthly unit price was requested) was to cover core labor services supporting MDA's information technology operations. 000 surge hours per year was requested) was to cover surge services labor to support unusual or unplanned activities. The RFQ notified the contractors that the agency was conducting a streamlined competitive procurement. The RFQ provided for the evaluation of quotations on the basis of five factors: personnel qualifications (which was considered the most important evaluation factor). View Decision KENROB & Associates, Inc.--Costs, B-291573.7, April 25, 2003 * REDACTED DECISION DIGEST Attorneys DECISION KENROB & Associates, Inc. requests that we recommend that it be reimbursed the costs of filing and pursuing its protest challenging the Missile Defense Agency's (MDA) issuance of a task order for automated information support services to Zen Technology Inc. under Zen's Federal Supply Schedule (FSS) contract. The order was issued pursuant to request for quotations (RFQ) No. HQ0006-02-Q-0012. We deny the request. On April 12, 2002, MDA furnished the RFQ in question to 10 small business FSS contractors. /1/ The solicitation contemplated the issuance of a hybrid firm, fixed-price/time-and-materials task order for a base period of 1 year and three 1-year options. The fixed-price portion of the order (for which a monthly unit price was requested) was to cover core labor services supporting MDA's information technology operations, while the time-and-materials portion (for which a price for an estimated 100,000 surge hours per year was requested) was to cover surge services labor to support unusual or unplanned activities. The RFQ notified the contractors that the agency was conducting a streamlined competitive procurement, and that award would be made on a "best value" basis. The RFQ provided for the evaluation of quotations on the basis of five factors: personnel qualifications (which was considered the most important evaluation factor), corporate experience, staffing and management approach, corporate past performance, and price (the final four factors were of equal weight). The RFQ, as amended, set the due date for receipt of quotations as May 31. [Deleted] quotations were received on May 31. The agency postponed evaluation of the quotations pending our Office's resolution of a protest filed by the incumbent vendor, CMS Information Services, Inc. /2/ On August 7, we denied CMS's protest. CMS Info. Servs., Inc., B-290541, Aug. 7, 2002, 2002 CPD Para. 132. On August 9, the agency contacted the vendors who had submitted quotations and requested that they either confirm or revise/update their quotations by August 22. Upon receipt of the updated quotations, the agency commenced its evaluation. On October 8, the contracting officer determined that Zen's quotation represented the best value to the government, and on or about October 9, the agency issued an order to Zen and notified the other vendors of Zen's selection. On October 17, KENROB filed a protest with our Office objecting to issuance of the order to Zen. On November 15, 3 days prior to the due date for submission of an agency report responding to the protest, the agency notified our Office that it would be taking corrective action. Specifically, the agency advised us that it intended to reevaluate the quotations that it had received and reconsider its best-value determination, and that in the event a quotation other than Zen's was determined to represent the best value to the government, it would terminate Zen's task order and issue a new task order to the vendor whose quotation represented the best value. Upon receipt of the agency's letter, we dismissed KENROB's protest as academic. By letter dated December 20, MDA notified the vendors that it had completed its reevaluation and had determined that Zen was "still the awardee." Agency Report, Tab D-16. By letter of the same date, the agency furnished each vendor with a "feedback briefing," /3/ which summarized the weaknesses in, and explained the basis for the agency's determination that Zen's quotation represented a better value than, the particular vendor's quotation.