TENICA and Associates, LLC

B-411173.3 Jul 08, 2015 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Task Source/Military Personnel Services Corporation FEPP, LLC (Task Source), of Wesley Chapel, Florida, protests the award of a contract to Interactive Government Holdings, Inc. (IGH), of Washington, D.C., under request for proposals (RFP) No. H98210-15-R-0001, issued by the Defense Human Resource Activity (DHRA) to acquire support staff services for the Family Employer Programs and Policy Office, a component of DHRA. Task Source argues that the agency improperly failed to seek a certificate of competency (COC) from the Small Business Administration (SBA) on behalf of the protester in connection with the agency's decision not to award a contract to Task Source. We deny the protest. We deny the protest. View Decision 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: Task Source/Military Personnel Services Corporation FEPP, LLC File: B-411173.3 Date: July 8, 2015 Steven J. Koprince, Esq., Amanda M. Wilwert, Esq., and Matthew T. Schoonover, Esq., Koprince Law LLC, for the protester. David E. Fletcher, Esq., Christopher K. Kimball, Esq., Thomas O. Mason, Esq., and Erin Estevez, Esq., Cooley LLP, for Interactive Government Holdings, Inc., an intervenor. Hattie Russell DuBois, Esq., Defense Human Resources Activity; and John W. Klein, Esq., and Sam Q. Le, Esq., Small Business Administration, for the agencies. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly failed to refer its decision not to award a contract to the Small Business Administration for consideration under that agency’s certificate of competency program is denied where record shows that agency never made a negative responsibility determination with respect to the protester; record shows that the protester was ineligible for award based on a change in the identity of the offeror. DECISION Task Source/Military Personnel Services Corporation FEPP, LLC (Task Source), of Wesley Chapel, Florida, protests the award of a contract to Interactive Government Holdings, Inc. (IGH), of Washington, D.C., under request for proposals (RFP) No. H98210-15-R-0001, issued by the Defense Human Resource Activity (DHRA) to acquire support staff services for the Family Employer Programs and Policy Office, a component of DHRA. Task Source argues that the agency improperly failed to seek a certificate of competency (COC) from the Small Business Administration (SBA) on behalf of the protester in connection with the agency’s decision not to award a contract to Task Source. We deny the protest. BACKGROUND The RFP, which was issued as a total small business set-aside, contemplates the award of a fixed-price contract for a 1-year base period and two 1-year option periods to the firm submitting the proposal deemed to offer the best value to the government, considering price and several non-price considerations. RFP at 6, 70-73. In response to the solicitation, the agency received numerous proposals, including the proposal submitted by Task Source. The record shows that Task Source submitted its proposal as a joint venture comprised of a concern named Task Source, Inc., (TSI) a small business concern eligible under the SBA’s section 8(a) program, and Military Personnel Services Corporation (MPSC), a concern that had graduated from the 8(a) program. Letter of Protest, exh. A, Task Source Joint Venture Agreement at 1. The record also shows that the two concerns entered into a mentor/protégé agreement pursuant to the SBA’s regulations. Id.; 13 C.F.R. § 124.520. After evaluating the proposals submitted, DHRA awarded a contract to Task Source on the basis of initial proposals on February 18, 2015, finding that the firm’s proposal represented the best value to the government. Contracting Officer’s Statement of Facts (COSF) at 5. That same date, the agency became aware of the fact that one of the principals of MPSC recently had pleaded guilty to federal bribery charges, and that another individual associated with MPSC also had pleaded guilty to federal bribery charges sometime earlier. Id. Because Task Source had failed initially to identify these facts in its representations and certifications, and also had failed to update its representations and certifications on an ongoing basis, the agency terminated the contract that had been awarded to the firm for cause on February 25. Id. at 6. The record includes correspondence between the agency and Task Source that occurred around the time of the agency’s termination of the firm’s contract. As is relevant to the protest, the record includes an e-mail from the protester to the agency dated February 25 that explains that MPSC had withdrawn from the joint venture.