DevTech Systems, Inc. (7200AA19R00062)
Case: B-418273
Agency:
Protester: DevTech Systems, Inc.
Date: 2020-12-22
Sustained
B-418273.3,B-418273.4
Dec 22, 2020
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Highlights
DevTech Systems, Inc., of Arlington, Virginia, a small business, protests the issuance of a task order to International Development Group Advisory Services, LLC (IDG), also a small business, of Arlington, Virginia, under request for task order proposals (RFTOP) No. 7200AA19R00062, which was issued by the United States Agency for International Development (USAID) for support of the Indo-Pacific Opportunity Program (IPOP). DevTech argues that the agency failed to conduct meaningful and equal discussions and unreasonably evaluated the protester's and awardee's technical and cost proposals.
We sustain the protest.
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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: DevTech Systems, Inc.
File: B-418273.3; B-418273.4
Date: December 22, 2020
David B. Dixon, Esq., Robert C. Starling, Esq., and Toghrul Shukurlu, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester.
C. Peter Dungan, Esq., and Holly Drumheller Butler, Esq., Miles & Stockbridge P.C., for International Development Group Advisory Services, LLC, the intervenor.
John B. Alumbaugh, Esq., and Eugene J. Benick, Esq., United States Agency for International Development, for the agency.
Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the agency failed to conduct meaningful discussions during corrective action is denied where the agency reasonably limited discussions to revisions to key personnel. Protest that the agency conducted unequal discussions is sustained where the agency requested that the awardee confirm that its proposed subcontractors would comply with a cost ceiling, but did not provide the protester with an opportunity for discussions.
2. Protest that the agency’s technical and cost evaluations unreasonably changed over the course of three evaluations, two of which were the result of corrective action in response to prior protests, is denied, where a different source selection authority was responsible for the final award.
3. Protest that the agency unreasonably evaluated technical proposals is denied where the evaluations were reasonable and consistent with the terms of the solicitation.
4. Protest that the agency unreasonably evaluated the realism of offerors’ proposed costs is sustained where the agency concedes that errors were made in the evaluation, and other areas of the evaluation are not supported by the record.
DECISION
DevTech Systems, Inc., of Arlington, Virginia, a small business, protests the issuance of a task order to International Development Group Advisory Services, LLC (IDG), also a small business, of Arlington, Virginia, under request for task order proposals (RFTOP) No. 7200AA19R00062, which was issued by the United States Agency for International Development (USAID) for support of the Indo-Pacific Opportunity Program (IPOP). DevTech argues that the agency failed to conduct meaningful and equal discussions and unreasonably evaluated the protester’s and awardee’s technical and cost proposals.
We sustain the protest.
BACKGROUND
USAID issued the solicitation on July 31, 2019, which limited competition to small business firms that hold Public Financial Management II (PFM-II) indefinite-delivery, indefinite quantity (IDIQ) contracts awarded by USAID. Agency Report (AR), Tab 4, RFTOP at 1.[1] The RFTOP sought proposals to provide public financial management services in Indo-Pacific countries in support of the IPOP. Id. The IPOP will “target activities that improve the macroeconomic policy environment to promote sustainable economic growth and prosperity, improved regional economic cooperation, sound management of institutions, and good governance while also leveling the playing field for business[es] in the Asia region.”[2] Id. at 10. The contractor will be required to support the mission of the agency’s Asia Bureau to “improve policy climates for investment that generate more productive employment and inclusive growth, including consideration of issues specific to women and other disadvantaged and marginalized populations.” Id. The solicitation anticipated the issuance of a cost-plus-fixed-fee task order with a base period of 2 years, and three 1-year options. Id.
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