Signature Consulting Group, LLC

B-416570 Oct 18, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Signature Consulting Group, LLC, a small business located in Windsor Mill, Maryland, protests the terms of request for quotations (RFQ) No. 181823, issued by the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), for Medicare and Medicaid support services. Signature, which is a small business that recently graduated from the Small Business Administration's (SBA) 8(a) Business Development (BD) program, asserts that some of the anticipated work under the RFQ originates from a contract under the 8(a) program for which Signature is currently the prime contractor. The protester challenges the agency's decision to remove this work from the 8(a) program, asserting that the agency's actions violated procurement regulations and were in bad faith. We dismiss in part and deny in part the protest. We dismiss in part and deny in part 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:  Signature Consulting Group, LLC File:  B-416570 Date:  October 18, 2018 Jerry A. Miles, Esq., and Lan Jin, Esq., Deale Services, LLC, for the protester. Erin V. Podolny, Esq., Linda Santiago, Esq, and Douglas Kornreich, Esq., Department of Health and Human Services, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protester is not an interested party to challenge alleged violations of the Small Business Administration’s (SBA) 8(a) Business Development (BD) program where protester graduated from the 8(a) program and protester has not demonstrated that it would be eligible for award of requirement under the 8(a) program. 2.  Protest alleging bias and bad faith on the part of the agency is denied where protester does not support its allegations with convincing proof, and the record does not otherwise reflect bias or bad faith. DECISION Signature Consulting Group, LLC, a small business located in Windsor Mill, Maryland, protests the terms of request for quotations (RFQ) No. 181823, issued by the Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), for Medicare and Medicaid support services.  Signature, which is a small business that recently graduated from the Small Business Administration’s (SBA) 8(a) Business Development (BD) program, asserts that some of the anticipated work under the RFQ originates from a contract under the 8(a) program for which Signature is currently the prime contractor.  The protester challenges the agency’s decision to remove this work from the 8(a) program, asserting that the agency’s actions violated procurement regulations and were in bad faith. We dismiss in part and deny in part the protest. On September 25, 2013, Signature was awarded a contract by CMS for the Physicians Quality Measures Management (PQMM) program (contract No. HHSM-500-2013-00177C), via a competitive 8(a) source selection under the SBA’s section 8(a) program. Signature was completing its final option year of the contract at the time of this protest, but graduated from the 8(a) program on February 23, 2017.[1]  CO Statement at 2. Thereafter, in March 2018, CMS developed the instant requirement, entitled “Quality Measures Management and Support” (QMMS).[2]  The contracting officer explains that the QMMS requirement is intended “to manage the measure and improvement activity selection process for MIPS implementation.”  Id. at 1-2.  On April 27, 2018, CMS posted a Sources Sought Notice (SSN) for support services for the QMMS requirement on the Federal Business Opportunities website (available at www.FBO.gov) to determine the availability of large and small businesses to perform work under the selected North American Industry Classification System (NAICS) code 541690 (Other Scientific and Technical Consulting Services), with a size standard of $15.0 million.  AR, Tab 6A, Sources Sought Notice, at 1‑5.  Respondents were asked to demonstrate their understanding and ability to perform 11 capability requirements outlined in the SSN, as well as to provide a list of their current General Services Administration (GSA) schedule contracts and CMS internal indefinite-delivery, indefinite-quantity (IDIQ) contracts appropriate to the SSN and under which the company is a prime contractor.  Id. CMS received 23 timely responses to the SSN, 17 of which were from small businesses, including a response from Signature.