LOUI Consulting Group, Inc.

B-413703.8 May 10, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Systems Plus, Inc., of Rockville, Maryland, protests the corrective action taken by the Defense Health Agency (DHA) in response to an earlier protest regarding request for quotations (RFQ) No. HT0015-16-R-0019, which was issued to acquire training support services for various legacy software applications. Systems Plus contends that DHA's decision to amend the solicitation and request revised quotations as part of the corrective action, rather than simply reevaluate vendors' past performance, was an unreasonable response to the earlier protest grounds challenging the agency's past performance evaluation. 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:  Systems Plus, Inc. File:  B-413703.8 Date:  May 10, 2017 Richard B. Oliver, Esq., Meghan D. Doherty, Esq., and J. Matthew Carter, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Ken Lieb, Esq., and John G. Terra, Esq., Defense Health Agency, for the agency. Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s corrective action, taken in response to an earlier Government Accountability Office protest, which consisted of responding to vendors’ questions, publishing vendors’ ratings and proposed prices, amending the solicitation, and requesting revised quotations, rather than reevaluating existing offers, is denied where the agency’s decision was reasonably structured to remedy the flaw which the agency believes exists in its procurement process.  DECISION Systems Plus, Inc., of Rockville, Maryland, protests the corrective action taken by the Defense Health Agency (DHA) in response to an earlier protest regarding request for quotations (RFQ) No. HT0015-16-R-0019, which was issued to acquire training support services for various legacy software applications.  Systems Plus contends that DHA’s decision to amend the solicitation and request revised quotations as part of the corrective action, rather than simply reevaluate vendors’ past performance, was an unreasonable response to the earlier protest grounds challenging the agency’s past performance evaluation.  We deny the protest. BACKGROUND DHA issued the solicitation as a request for proposals (RFP) on May 20, 2016, as a small business set-aside under General Services Administration (GSA) schedule IT 70, via the GSA e-Buy system, under Federal Acquisition Regulation Subpart 8.4.  Agency Report (AR), Tab 20, Initial RFP; Tab 21, Consolidated Performance Work Statement at 1.  Proposals were due by June 20, 2016.  Id. at 1.  On August 3, DHA changed the solicitation structure to an RFQ and established a deadline for receipt of quotations of August 15.  RFQ at 1.[1]  The agency intends to award a fixed-price contract consisting of a 1-month phase-in period, 6‑month base period, and 1-year option period, to the vendor with the quotation representing the best value to the agency.  Id. at 41; Amend. 0009.  Quotations will be evaluated under three factors:  technical approach, past performance and price.  RFQ at 36.  A quotation with a rating of unacceptable for any of the three technical approach sub-factors will be rated unacceptable for the technical approach factor and will be ineligible for award.  Id.  Among technically acceptable quotations, the agency will perform a best-value tradeoff between the past performance and price factors, with past performance being significantly more important than price.  Id. at 36-37.    On September 1, DHA made award to Systems Plus.  B-413703.7, Systems Plus Supp. Protest, Dec. 23, 2016, at 9.  Systems Plus’ price, technical rating, and past performance rating were revealed to the other vendors.  AR, Tab 19, Unsuccessful Vendor Letters, Sept. 2, 2016.  On September 9, LOUI Consulting Group, Inc.