Data Networks Corporation

B-412125.6 Nov 28, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Deloitte Consulting, LLP, of Arlington, Virginia, protests the actions of the Department of Defense, Defense Health Agency (DHA) in its implementation of corrective action in response to Deloitte's prior protest of the award of a contract to Data Networks Corporation (DNC), of Reston, Virginia, under request for proposals (RFP) No. HT0011-15-R-0010, for the agency's governance, requirements, and architecture management support (GRAMS) requirement. Deloitte alleges that the agency has imposed unreasonable limitations on the scope of final proposal revisions (FPRs), by prohibiting revisions in areas of proposals that are materially impacted by the corrective action. We sustain the protest. We sustain 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:  Deloitte Consulting, LLP File:  B-412125.6 Date:  November 28, 2016 David S. Cohen, Esq., John J. O’Brien, Esq., Laurel A. Hockey, Esq., Amy J. Spencer, Esq., and Daniel Strouse, Esq., Cohen Mohr LLP, for the protester. Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., David, Brody & Dondershine, LLP, for Data Networks Corporation, an intervenor. David R. Smith, Esq., and Randy Stone, Esq., Department of Defense, Defense Health Agency, for the agency. Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is sustained where, in response to a prior protest, agency took corrective action by engaging in discussions, but imposed unreasonably restrictive limitations on the scope of proposal revisions, which prohibit revision of proposal information materially impacted by the corrective action. DECISION Deloitte Consulting, LLP, of Arlington, Virginia, protests the actions of the Department of Defense, Defense Health Agency (DHA) in its implementation of corrective action in response to Deloitte’s prior protest of the award of a contract to Data Networks Corporation (DNC), of Reston, Virginia, under request for proposals (RFP) No. HT0011-15-R-0010, for the agency’s governance, requirements, and architecture management support (GRAMS) requirement.  Deloitte alleges that the agency has imposed unreasonable limitations on the scope of final proposal revisions (FPRs), by prohibiting revisions in areas of proposals that are materially impacted by the corrective action.  We sustain the protest. BACKGROUND The agency issued the RFP on February 26, 2015, for the purpose of awarding a contract for the GRAMS requirement, which provides program management support to requirement managers in DHA’s Health Information Technology Directorate.  The RFP provided that the GRAMS contract was to be awarded on a best-value basis, for a one-year base period and four one-year option periods.  The best-value decision was to be based on four evaluation factors and subfactors, as follows: 1.  Factor 1--Technical Subfactor 1A--Technical Approach Subfactor 1B--Staffing Approach Subfactor 1C--Transition In and Out Subfactor 1D--Quality Control Approach 2.  Factor 2--Past Performance 3.  Factor 3--Small Business Participation Plan (acceptable/unacceptable) 4.  Factor 4--Price RFP Amendment 004, at 61.  As relevant, the RFP performance work statement identified nine key personnel positions and the minimum requirements for those positions.  Id. at 130-131.  The RFP provided that the key personnel resumes and commitment letters would be evaluated under “Subfactor 1B--Staffing Approach,” in order to determine the “[r]elevant qualifications and experience of proposed Key Personnel.”  Id. at 62. Six offerors submitted proposals in response to the RFP.  Following an initial evaluation, discussions, and evaluation of FPRs, the agency made an initial award to DNC on September 17, 2015.  Deloitte protested that award decision with our Office, alleging in part that DNC had unmitigable impaired objectivity organizational conflicts of interest (OCIs) due to two other contracts held by DNC.  In response to Deloitte’s protest, the agency informed our Office that it would take corrective action and conduct a new OCI analysis concerning DNC’s contracts.  Our Office then dismissed Deloitte’s protest as academic on October 26.  Deloitte Consulting, LLP, B-412125, Oct.