2M Research Services, LLC

B-413993.4 Jun 19, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 2M Research Services, LLC, an 8(a) small business concern located in Arlington, Texas, protests the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA)'s inclusion of Vision Planning & Consulting, LLC's (VPC) proposal in the competitive range pursuant to request for proposals (RFP) No. HSFE40-16-R-0002 for technical and administrative support services to FEMA's Assistance to Firefighters Grant Program. 2M challenges the agency's competitive range determination and alleges unequal treatment. We dismiss the protest. We dismiss 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:  2M Research Services, LLC File:  B-413993.4 Date:  June 19, 2017 Jessica C. Abrahams, Esq., and Thomas F. Rath, Esq., Dentons US LLP, for the protester H. Todd Whay, Esq., The Whay Law Firm, for Vision Planning and Consulting, LLC, the intervenor. Rina Martinez, Esq., and Janice Yun, Esq., Department of Homeland Security, for the agency. Nora K. Adkins, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Our Office will not consider a protest from an offeror in the competitive range challenging an agency's decision to include another offeror in the competitive range, where the protest was filed prior to the agency's award decision, and the possibility remains that the protester could yet receive the award. DECISION 2M Research Services, LLC, an 8(a) small business concern located in Arlington, Texas, protests the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA)'s inclusion of Vision Planning & Consulting, LLC's (VPC) proposal in the competitive range pursuant to request for proposals (RFP) No. HSFE40-16-R-0002 for technical and administrative support services to FEMA's Assistance to Firefighters Grant Program.  2M challenges the agency's competitive range determination and alleges unequal treatment. We dismiss the protest. 2M's current protest arises after an earlier protest filed with our Office. In that protest, 2M challenged the agency's evaluation and award decision.  For example, 2M argued that the agency's evaluation of VPC's proposal under the staffing plan and key personnel factor, and past performance factor, was unreasonable.  The protester alleged that VPC's proposal reasonably could not have merited a high rating under the staffing plan and key personnel factor.  With respect to past performance, 2M asserted that VPC had no record of ever having worked on a government contract in the grants administration area.  2M's protest also generally alleged that VPC's inexperience and lack of resources should have affected the agency's price realism and responsibility determinations. Subsequent to the filing of the initial protest, the agency notified our Office of its intent to take corrective action.  FEMA Corrective Action Notice (Dec. 1, 2016) at 1.  The notice provided that the agency intended to:  (1) reevaluate the past performance factor, (2) review compliance with the guidance on limitations on subcontracting at Federal Acquisition Regulation section 52.219-14, (3) decide whether to award with or without discussions and conduct price evaluations as necessary, and (4) issue a new technical source selection evaluation board consensus report and a source selection decision document.  Id.  2M objected to the agency's proposed corrective action arguing that the plan did not specifically address all of the issues raised in the protest and supplemental protest.  Our Office reviewed the objection and concluded that the agency's commitment to make a new source selection decision rendered academic the challenges raised by the protester since the new award decision could result in the selection of a different awardee.  See e.g., The Jones/Hill J.V.--Recon., B-286194.2, Dec. 8, 2000, 2000 CPD ¶ 203 at 3.  On December 6, we dismissed 2M's protest because the agency's proposed corrective action rendered the protest academic.  2M Research Servs., LLC, B-413993.1, B-413993.2, Dec.