i4 Now Solutions, Inc.
Case: B-412369
Agency: Department of Agriculture
Protester: i4 Now Solutions, Inc.
Date: 2016-01-27
Denied
B-412369
Jan 27, 2016
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Highlights
i4 Now Solutions, Inc., a small business located in Fall Church, Virginia, protests the award of a contract, as well as the issuance of an initial task order, to Field Data Technology, LLC, of Fairfax, Virginia, under request for proposals No. AG-3198-S-15-0007, issued by the Department of Agriculture, Food and Nutrition Service (FNS), for call center and support services for the Supplemental Nutrition Assistance Program Retailer and Recipient Service Center. i4 challenges the evaluation of FDT's level of effort and price, as well as the agency's conduct of discussions and source selection decision.
We deny the protest.
We deny the protest.
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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: i4 Now Solutions, Inc.
File: B-412369
Date: January 27, 2016
Bret S. Wacker, Esq., and Andrew M. Mast, Esq., Clark Hill PLC, for the protester.
Stephen E. Ruscus, Esq., and Katelyn M. Hilferty, Esq., Morgan, Lewis & Bockius LLP, for Field Data Technology, LLC, the intervenor.
Azine Farzami, Esq., Department of Agriculture, for the agency.
Pedro E. Briones, Esq., and Noah B. Bleicher, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging an agency’s evaluation of awardee’s proposed level of effort and price is denied where the record demonstrates that the agency reasonably concluded that the level of effort was sufficient to perform the requirements and the price evaluation was performed in accordance with the terms of the solicitation.
2. Protest that the agency engaged in misleading and unequal exchanges with offerors is denied where the record shows that the agency did not mislead the protester and the exchanges were equal.
DECISION
i4 Now Solutions, Inc., a small business located in Fall Church, Virginia, protests the award of a contract, as well as the issuance of an initial task order, to Field Data Technology, LLC (FDT), of Fairfax, Virginia, under request for proposals (RFP) No. AG-3198-S-15-0007, issued by the Department of Agriculture (USDA), Food and Nutrition Service (FNS), for call center and support services for the Supplemental Nutrition Assistance Program (SNAP) Retailer and Recipient Service Center. i4 challenges the evaluation of FDT’s level of effort and price, as well as the agency’s conduct of discussions and source selection decision.
We deny the protest.
BACKGROUND
The RFP, which was set aside for 8(a) small‑businesses, was issued on June 25, 2015, as a commercial item acquisition using Federal Acquisition Regulation (FAR) part 12 procedures. RFP at 1-2. The solicitation provided for the award of a fixed‑price, indefinite‑delivery, indefinite‑quantity (IDIQ) contract (for a base year and four option years) on a best‑value basis under FAR part 15, considering four evaluation factors: technical approach, management, past performance, and price. Id. at 1‑2, 17-18, 35. Offerors were advised that the technical approach and management evaluation factors were equally weighted and more important than the past performance factor, and that the non‑price factors, when combined, were significantly more important than price. Id. at 35. The solicitation also provided for the issuance of an initial fixed‑price task order (concurrent with the IDIQ contract award and for the same 5‑year performance period) on a best‑value award basis considering the same evaluation factors and weighting stated above. See id. at 2-3, 35-37.
The solicitation included separate performance work statements (PWS) for the IDIQ contract and the initial task order. The IDIQ PWS required the contractor to operate the SNAP Retailer and Recipient Service Center and provide services including live call coverage, customer service activities, data intake, document scanning, reporting, and analysis. RFP attach I, IDIQ PWS, at 38, 46. The IDIQ PWS advised that additional directives and performance requirements would be specified at the task order level. Id. at 46-47. Under the initial task order, the contractor would provide a retailer service center. RFP attach. III, Task Order PWS, at 65. The task order PWS required a number of activities and deliverables, including providing on‑line help, accommodating Spanish and English speaking callers, increasing Interactive Voice Response (IVR) usage and self‑service options for retail grocery store, and providing monthly operational and statistical reports. Id.
Full decision text continues on ProtestIntel...