Aurotech, Inc.

B-413861.3 Mar 29, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Discover Technologies LLC (Discover Tech) of Reston, Virginia, requests that we recommend that the firm be reimbursed the costs of filing and pursing its protest of the establishment of a blanket purchase agreement (BPA) with Aurotech, Inc., under request for quotations (RFQ) No. FDA-16-RFQ-1151397, issued by the Department of Health and Human Services (HHS), Food and Drug Administration (FDA), for various information technology support services. We deny the request. We deny the request. 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:  Discover Technologies LLC--Costs File:  B-413861.3 Date:  March 29, 2017 Robert J. Symon, Esq., and Aron C. Beezley, Esq., Bradley Arant Boult Cummings LLP, for the protester. Anthony E. Marrone, Esq., Department of Health and Human Services, for the agency. Pedro E. Briones, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reimbursement of protest costs is denied where the initial protest grounds were not clearly meritorious and where the agency took prompt corrective action in response to the supplemental protest. DECISION Discover Technologies LLC (Discover Tech) of Reston, Virginia, requests that we recommend that the firm be reimbursed the costs of filing and pursing its protest of the establishment of a blanket purchase agreement (BPA) with Aurotech, Inc., under request for quotations (RFQ) No. FDA-16-RFQ-1151397, issued by the Department of Health and Human Services (HHS), Food and Drug Administration (FDA), for various information technology support services. We deny the request. BACKGROUND The RFQ was issued on May 26, 2016, and provided for the issuance of a Federal Supply Schedule BPA on a best‑value basis, considering the following evaluation factors:  technical understanding and approach; management approach; relevant experience; and price.  RFQ at 25‑33; Contracting Officer’s Statement (COS) at 2.[1] The technical understanding and approach evaluation factor included two subfactors:  call order one understanding and approach; and technical understanding and approach to technical scenario.  Id. at 26.  The management approach factor included two subfactors:  management approach to BPA and call order one; and key personnel.  Id.  The relevant experience and price evaluation factors did not include subfactors.  Id. at 26‑33. After evaluating timely quotations received from Discover Tech, Aurotech, and other vendors, HHS made award to Aurotech on September 19.  COS at 2, 6. On September 29, Discover Tech filed a timely protest with our Office challenging the award based on the following protest allegations:  (1) that Aurotech engaged in an improper “bait and switch” with respect to most of its proposed key personnel;  (2) that HHS unreasonably evaluated Aurotech’s quotation in this respect under the RFQ’s management approach factor, key personnel subfactor, and price factor; (3) that HHS unreasonably evaluated Discover Tech’s quotation under the management approach and relevant experience factors; and (4) that HHS’ best‑value determination was unreasonable insofar as it was based on these allegedly flawed evaluations.  See Protest at 8‑14. On October 28, HHS filed an agency report asserting defensible legal positions to each of Discover Tech’s (initial) protest grounds and providing evidence to support the agency’s positions.  See Memorandum of Law at 10‑29; COS at 4‑11. On November 10, Discover Tech filed comments on the agency report and raised the following supplemental protest allegations:  (1) that HHS engaged in unequal discussions regarding the vendors’ proposed prices and labor rates; (2) that HHS evaluated Aurotech’s price quotation based on outdated and inaccurate information regarding the vendor’s labor rates; (3) that HHS’ price evaluations for call order one were based on an unreasonable comparison of labor rates; and (4) that HHS unequally evaluated quotations under the technical understanding and approach evaluation factor, including the subfactor for technical understanding and approach to technical scenario.  Protester’s Comments at 1‑9.  Discover Tech also raised new arguments related to its initial protest grounds challenging HHS’ evaluation of Aurotech’s proposal under the management approach factor and key personnel subfactor.  Id.