B-298941; B-298941.2, ITS Services, Inc., January 10, 2007
Case: B-298941
Agency:
Protester: B
Date: 2007-01-10
Denied
B-298941; B-298941.2, ITS Services, Inc., January 10, 2007
TITLE: B-298941; B-298941.2, ITS Services, Inc., January 10, 2007
BNUMBER: B-298941; B-298941.2
DATE: January 10, 2007
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B-298941; B-298941.2, ITS Services, Inc., January 10, 2007
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective
Order. This redacted version has been approved for public release.
Decision
Matter of: ITS Services, Inc.
File: B-298941; B-298941.2
Date: January 10, 2007
William L. Walsh, Jr. Esq., J Scott Hommer, Esq., Keir X. Bancroft, Esq.,
and Peter A. Riesen, Esq., Venable LLP, for the protester.
Paul B. Oman, Esq., Department of Homeland Security, for the agency.
Paula A. Williams, Esq., and Glenn G. Wolcott, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the issuance of a task order to a higher technically
rated, higher-priced vendor is denied where the solicitation provided that
technical merit was more important than price and where the agency record
provides a reasonable basis for the award decision.
DECISION
ITS Services, Inc., a subsidiary of Apogen Technologies, Inc.
(hereinafter, referred to as "Apogen") protests the issuance of a task
order to Bart and Associates, Inc. (Bart) under request for quotations
(RFQ) No. HSBP10-06-Q-0724, issued by the Department of Homeland Security,
Customs and Border Protection (CBP), for technical and engineering
services to support CBP's Office of Information and Technology (OIT).
Apogen, which submitted a lower-priced quotation, protests the evaluation
of quotations and the resulting selection decision.
We deny the protest.
BACKGROUND
The OIT is responsible for the design, development, programming, testing,
implementation and maintenance of CBP's automated information systems.
OIT's Program Integration Division provides architecture and engineering
guidance and services to CBP. The Architecture & Engineering Branch (AEB),
one of four Program Integration Division branches, provides architecture,
network and systems engineering, and data management services, in
collaboration with the program offices, to develop and implement OIT
products.
The Integration Services Branch (ISB) is one of several teams in the AEB.
The ISB is responsible for identifying and evaluating new infrastructure
and information technology (IT) solutions for application to the CBP
automated systems, and performs application testing with regard to
leading-edge innovative technologies that reduce development time and
maintenance cost of IT to facilitate the execution of the CBP mission. ISB
manages and maintains the Integration Laboratory (ILab) and the Open
Systems Laboratory (OSL), which are mock versions of the CBP network
infrastructure. RFQ, Statement of Work (SOW), at 1 (July 18, 2006). The
procurement here is to acquire technical and support services for ISB to
assist in modernizing and/or improving the CBP enterprise architecture,
and to operate and maintain an engineering environment, that is,
laboratories and necessary equipment.[1] RFQ, SOW, at 2-3 (July 18, 2006).
With regard to contract performance, the SOW set forth specific tasks to
be performed, including:
Task 1 -- Operate and maintain OSL and ILab.
Under this task, the contractor shall provide a combination of highly
skilled technical and administrative personnel that shall operate
synergistically to operate and maintain the CBP's OSL and ILab.
Task 2 -- Conduct IT technology research and studies.
Under this task, the contractor shall provide a combination of highly
skilled technical and administrative personnel that shall operate
synergistically to conduct required IT technology research and studies.
RFQ, SOW, at 3 (July 18, 2006).
In June 2006, the CBP issued the RFQ to vendors holding General Services
Administration Federal Supply Schedule (FSS) contracts for IT services.
The RFQ contemplated issuance of a labor-hour task order for a base-year
period and two 1-year option periods, and provided that the task order
would be issued on the basis of the quotation representing the best value
to the government.
The solicitation established the following factors to be considered in
determining best value:
I. Technical Factors
A. Technical Capabilities & Management Approach
1. Understanding of the work, including thoroughness shown in
understanding the objectives of the SOW and specific tasks, and
planned execution of the project.
2. Evidence of specific methods and techniques for completing each
discrete task, to include such items as quality assurance, and
customer service.
B.
Full decision text continues on ProtestIntel...