OBXtek, Inc.
Case: B-415258
Agency: Department of Homeland Security
Protester: OBXtek, Inc.
Date: 2017-12-12
Dismissed
B-415258
Dec 12, 2017
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Highlights
OBXtek, Inc., of Tysons Corner, Virginia, protests the issuance of a task order to Analytic Strategies, LLC, of McLean, Virginia, by the Department of Homeland Security (DHS), Network Security Deployment Division, under request for quotations (RFQ) No. HSSA01-17-Q-1813 for cybersecurity support services. OBXtek argues that Analytic Strategies materially misrepresented its status in order to compete for an order set aside for service-disabled veteran-owned small businesses (SDVOSB), for which the protester argues the awardee is not eligible. OBXtek also challenges its own technical evaluation and Analytic Strategies' evaluation under the past performance and price factors.
We dismiss the protest in part and deny the protest in part.
We dismiss the protest in part and deny the protest in part.
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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: OBXtek, Inc.
File: B-415258
Date: December 12, 2017
Isaias Alba, IV, Esq., Kathryn M. Kelley, Esq., Timothy F. Valley, Esq., and Samuel S. Finnerty, Esq., Piliero Mazza PLLC, for the protester.
Damien C. Specht, Esq., Ethan E. Marsh, Esq., and R. Locke Bell, Esq., Morrison & Foerster LLP, for Analytic Strategies, LLC, the intervenor.
Christian M. Butler, Esq., Department of Homeland Security, for the agency.
Robert T. Wu, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the awardee materially misrepresented its service-disabled veteran-owned small business (SDVOSB) status is dismissed. This allegation is within the authority of the Small Business Administration, and is not for our Office to decide.
2. Protest challenging the evaluation of the protester's and awardee's quotations is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation.
DECISION
OBXtek, Inc., of Tysons Corner, Virginia, protests the issuance of a task order to Analytic Strategies, LLC, of McLean, Virginia, by the Department of Homeland Security (DHS), Network Security Deployment Division, under request for quotations (RFQ) No. HSSA01-17-Q-1813 for cybersecurity support services. OBXtek argues that Analytic Strategies materially misrepresented its status in order to compete for an order set aside for service-disabled veteran-owned small businesses (SDVOSB), for which the protester argues the awardee is not eligible. OBXtek also challenges its own technical evaluation and Analytic Strategies' evaluation under the past performance and price factors.
We dismiss the protest in part and deny the protest in part.
BACKGROUND
The RFQ, issued on June 8, 2017, sought quotations from vendors who were holders of the General Services Administration's (GSA) One Acquisition Solution for Integrated Services (OASIS) Small Business - Pool 1 multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contracts for program management services. Specifically, the agency's Office of Cybersecurity and Communications, Network Security Deployment (NSD) Division sought quotations to provide program management office support services, including subject matter experts and resources to advise and assist the government in the execution of business operations, program control, budget, and financial management activities of the NSD Division and the National Cybersecurity and Communications Integration Center Division. Agency Report (AR), Tab E1, Award Decision, at 4.
One task order was to be issued on a competitive basis to the SDVOSB whose quotation represented the best value to the government. Quotations were to be evaluated considering four factors listed in descending order of importance: technical capability,[1] staffing plan, past performance, and price. RFQ at 102-103. While price was to be the least important factor, vendors were cautioned that price "may increase in importance, and become a discriminating factor as the [quotations] become similar in ratings for the other factors." Id. at 103.
The technical capability factor was to evaluate the vendor's approach and experience performing tasks in the statement of work (SOW). Id. This factor was also to evaluate the "quality and comprehensiveness" of each vendor's approach and experience to quality control and risk management. Id. at 104. The staffing plan factor was to assess each vendor's "strategy for staffing its organization, for retaining full staffing, [and] for filling vacancies in a timely manner." Id.
Past performance was to evaluate the "degree to which the experience submitted is relevant based on similarity in size, scope and complexity to the requirements of the solicitation." Id.
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