Social Impact, Inc.

Case: B-412655.3 Agency: United States Agency for International Development Protester: Social Impact, Inc. Date: 2016-06-29 Denied
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B-412655.3 Jun 29, 2016 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Social Impact, Inc., of Arlington, Virginia, protests the cancellation of request for proposals (RFP) No. SOL-621-15-000006, issued by the United States Agency for International Development (USAID) for support for the agency's Monitoring, Evaluation, and Learning Program (MELP) in Tanzania. The protester contends that the cancellation was improper. 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:  Social Impact, Inc. File:  B-412655.3 Date:  June 29, 2016 Pamela J. Mazza, Esq., Megan C. Connor, Esq., Julia Di Vito, Esq., and Michelle E. Litteken, Esq., Piliero Mazza PLLC, for the protester. R. René Dupuy, Esq., United States Agency for International Development, for the agency. Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of an agency’s cancellation of a solicitation following corrective action in response to a protest is denied where the record demonstrates that the agency reasonably determined that the solicitation no longer accurately reflected its requirements. DECISION Social Impact, Inc., of Arlington, Virginia, protests the cancellation of request for proposals (RFP) No. SOL-621-15-000006, issued by the United States Agency for International Development (USAID) for support for the agency’s Monitoring, Evaluation, and Learning Program (MELP) in Tanzania.  The protester contends that the cancellation was improper. We deny the protest. BACKGROUND On March 18, 2015, USAID issued the RFP seeking proposals for MELP as part of the implementation of USAID’s 2015-2019 Country Development Cooperation Strategy (CDCS).[1]  RFP at 1, 13.  The MELP contractor would provide continuous, on-the-ground, on‑demand and systemic support to the USAID/Tanzania Mission on performance monitoring, data verification, environmental compliance, impact and performance evaluations, research and studies, organizational learning, and knowledge management.  RFP at 13; COS at 1.  The RFP contemplated a cost-plus-fixed-fee contract with an estimated period of performance of five years with no option years.  RFP at 1.  The RFP anticipated award on a best-value basis.  Id. at 115. On January 13, 2016, USAID selected Management Systems International, Inc. (MSI), of Arlington, Virginia, for award.  Legal Memorandum, Apr. 22, 2016, at 1.  On January 19, Social Impact filed a protest arguing that:  (1) USAID failed to consider an alleged organizational conflict of interest arising from the acquisition of MSI by another contractor currently performing services for the agency; (2) USAID did not perform a proper cost realism analysis of MSI’s proposal; and (3) USAID misevaluated Social Impact’s technical approach. Subsequent to the filing of the initial protest, USAID notified our Office of its intent to take corrective action, which rendered the protest academic.  Agency’s Notice of Corrective Action (Feb. 5, 2016).  We dismissed Social Impact’s protest as academic on February 11.  Social Impact, Inc., B‑412655, Feb. 11, 2016 (unpublished decision). On February 16, MSI filed a protest objecting to the scope of USAID’s proposed corrective action as overly broad and unduly prejudicial to MSI as the awardee.  On March 17, USAID notified our Office that it intended to terminate the awarded contract and cancel the RFP.  The agency summarized its rationale as follows: Changes in USAID/Tanzania Mission staffing, and its in-house capacity, as well as changes in Agency experience and best practices vis-à-vis monitoring, evaluation and learning (MEL) activities, dictate that the Mission streamline its MEL activities by moving some of the underlying procurement’s related work, such as the learning component, in-house to maximize efficiency and cost-savings. Agency’s Notice of Cancellation (Mar. 17, 2016).  We dismissed MSI’s protest as academic on March 22.  Mgmt. Sys. Int’l, Inc., B‑412655.2, Mar.

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