Invertix Corporation

B-411329.2 Jul 08, 2015 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Invertix Corporation, of McLean, Virginia, protests the Department of the Army's issuance of a task order to Information Management Group (IMG), of Fairfax, Virginia, under request for task order proposals (RTOP) No. W911W4-15-R-0004, for operation and maintenance of the TROJAN Information Technology (IT) Network. Invertix asserts that IMG engaged in a bait and switch when it proposed key personnel whom it did not intend to utilize for contract performance. In addition, Invertix challenges the evaluation of proposals and resulting best value determination. 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:      Invertix Corporation File:                B-411329.2 Date:              July 8, 2015 Jon W. Burd, Esq., and Margaret E. Matavich, Esq., Wiley Rein LLP, for the protester. Alexander J. Brittin, Esq., Brittin Law Group, PLLC, and Jonathan D. Shaffer, Esq., and Mary Pat Buckenmeyer, Esq., Smith Pachter McWhorter, Esq., for Information Management Group, the intervenor. Maj. Michael G. Pond, Department of the Army, for the agency. Kenneth Kilgour, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that awardee engaged in impermissible bait and switch is denied, where the record contains no evidence that the awardee did not intend to staff the task order with the proposed key personnel.  2.  Protest that the agency unreasonably failed to consider the relative merits of the protester’s superior past performance in the best value determination is denied, where the terms of the solicitation provided that past performance would be evaluated only as acceptable or unacceptable, and that an offeror without a record of recent and relevant past performance would be rated acceptable. DECISION Invertix Corporation, of McLean, Virginia, protests the Department of the Army’s issuance of a task order to Information Management Group (IMG), of Fairfax, Virginia, under request for task order proposals (RTOP) No. W911W4-15-R-0004, for operation and maintenance of the TROJAN Information Technology (IT) Network.  Invertix asserts that IMG engaged in a bait and switch when it proposed key personnel whom it did not intend to utilize for contract performance.  In addition, Invertix challenges the evaluation of proposals and resulting best value determination. We deny the protest. BACKGROUND The RTOP, issued to all holders of Army Intelligence and Security Command (INSCOM) OMNIBUS III indefinite-delivery/indefinite-quantity (IDIQ) multiple award contracts (Service Area #2), contemplated the issuance of a fixed-price task order, with a 1-year base period and two 1‑year options, for maintenance, repair, communications support, system operations support, service desk/center support, COMSEC (communications security), and circuit configuration management for INSCOM’s TROJAN IT Network.  Performance Work Statement (PWS) § 1.3.[1]  The task order was to be issued to the offeror whose proposal represented the best value to the government considering three evaluation factors (in descending order of importance):  technical/management approach, past performance, and price.  RTOP § M.1.1.  Technical/management approach included three subfactors of equal importance:  (1) management (key personnel qualifications, staffing/retention, and phase-in plan); (2) TROJAN system maintenance, operation, and repair; and (3) communications security and circuit management.  RTOP §§ M.1.4, M.2.3.[2]  When combined, technical/management approach and past performance were significantly more important than price.  RTOP § M.1.4.  With regard to key personnel, the solicitation identified ten key positions, set forth minimum qualifications for each position, and instructed offerors to submit individual resumes for proposed key personnel at the time of proposal submission.  RTOP § L.6.2.21; PWS § 1.6.11.  The solicitation provided that the Army would “evaluate the quality of the qualifications of key personnel (PWS 1.6.11) based on submitted resumes.”  RTOP Amend.