InterImage, Inc. (HC1047-20-R-0009)

B-418733,B-418733.2 Aug 10, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights InterImage, Inc., of Arlington, Virginia, challenges its exclusion from participating in the competition under request for proposals (RFP) No. HC1047-20-R-0009 issued by the Department of Defense (DOD), Defense Information Systems Agency (DISA), for comprehensive support services to modernize the agency's various legacy systems architecture for DOD's Global Force Management (GFM). The protester argues that amendment 3 to the solicitation is unduly restrictive of competition and that the agency unreasonably excluded it from the procurement. We deny 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:  InterImage, Inc. File:  B-418733; B-418733.2 Date:  August 10, 2020 Alexander B. Ginsberg, Esq., and Kevin R. Massoudi, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. LaTonya McFadden, Esq., and Andriani Buck, Esq., Defense Information Systems Agency, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging a solicitation as unduly restrictive of competition is denied where the agency’s justification for the restrictive solicitation provision is rational and reasonably necessary to meet the agency’s needs. 2.  Protest challenging exclusion from competition for failure to follow solicitation instructions is denied where the record shows that the protester failed to follow the solicitation’s clear instructions.  DECISION InterImage, Inc., of Arlington, Virginia, challenges its exclusion from participating in the competition under request for proposals (RFP) No. HC1047-20-R-0009 issued by the Department of Defense (DOD), Defense Information Systems Agency (DISA), for comprehensive support services to modernize the agency’s various legacy systems architecture for DOD’s Global Force Management (GFM).[1]  The protester argues that amendment 3 to the solicitation is unduly restrictive of competition and that the agency unreasonably excluded it from the procurement. We deny the protest. BACKGROUND The solicitation, issued on April 16, 2020, under Federal Acquisition Regulation part 15, contemplated the award of a single indefinite-delivery, indefinite-quantity contract under which fixed-price and cost-plus-fixed-fee task orders could be issued during a 5-year ordering period.  Agency Report (AR), Tab 1, RFP at 1, 2, 8, 49.[2]  In general terms, the solicitation sought comprehensive support services to modernize the agency’s aging legacy systems architecture to a “netcentric, service-oriented architecture and deliver next generation services,” that provide force planning, deployment planning, and force projection capabilities to the warfighter.[3]  AR, Tab 10, RFP amend.4, attach. 1, Base Performance Work Statement (PWS) at 1.  Award will be made on a best-value tradeoff basis considering the following factors:  technical; past performance; price; and small business.  AR, Tab 1, RFP at 76.  The technical factor is comprised of four subfactors:  schedule; design and architecture; software development life cycle plan; and management approach.  Id.  The management approach subfactor includes the following two elements:  management plan and staffing approach.  Id.  Proposals were due on May 28, 2020.  Id. at 1.  The solicitation initially contemplated providing offerors with a pre-proposal presentation and code preview on May 5.  Id. at 50-51; AR, Tab 15, Decl. of Contracting Officer at 1.  Access to the presentation and code preview would only be granted to participants that had been vetted and approved by the agency.  AR, Tab 1, RFP at 50.  The solicitation limited the total number of pre-proposal presentation and code preview participants to four individuals per company for each event; participants could be the same or different individuals for each event.  Id.  The solicitation instructed offerors to submit a roster of their proposed participants along with a signed non-disclosure agreement (NDA) for each participant.  Id.  The roster of participants and associated documentation first would be evaluated under two threshold criteria.[4]  Id. at 50, 77.  InterImage timely provided information addressing the two threshold criteria, and the firm was notified on April 30 that it had been found acceptable.  Combined Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 5.  On May 4, DISA issued amendment 3 to the solicitation.  AR, Tab 6, RFP amend.