Manhattan Telecommunications Corporation (821913732)
Case: B-418818
Agency: Department of Defense : Defense Information Systems Agency
Protester: Manhattan Telecommunications Corporation
Date: 2020-09-17
Denied
B-418818
Sep 17, 2020
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Highlights
Manhattan Telecommunications Corporation (MetTel), a small business of New York, New York, protests the issuance of a task order to Verizon Business Network Services, Inc., of Ashburn, Virginia under request for proposals (RFP) No. 821913732, issued by the Defense Information Systems Agency (DISA), for network data services in support of the Marine Forces Reserve (MARFORRES) network. The protester challenges the agency's evaluation of its technical proposal and alternatively argues that the solicitation contained a latent ambiguity.
We deny 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: Manhattan Telecommunications Corporation
File: B-418818
Date: September 17, 2020
Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., David, Brody & Dondershine, LLP, for the protester.
Colleen A. Eagan, Esq., and Vera A. Strebel, Esq., Defense Information Systems Agency, for the agency.
Christopher Alwood, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging an agency’s evaluation of protester’s proposal under the technical/management approach evaluation factor is denied where the evaluation was reasonable and consistent with the solicitation.
DECISION
Manhattan Telecommunications Corporation (MetTel), a small business of New York, New York, protests the issuance of a task order to Verizon Business Network Services, Inc., of Ashburn, Virginia under request for proposals (RFP) No. 821913732, issued by the Defense Information Systems Agency (DISA), for network data services in support of the Marine Forces Reserve (MARFORRES) network. The protester challenges the agency’s evaluation of its technical proposal and alternatively argues that the solicitation contained a latent ambiguity.
We deny the protest.
BACKGROUND
On September 9, 2019, the agency issued the RFP to firms holding contracts under the General Services Administration’s (GSA’s) Enterprise Infrastructure Solutions (EIS) multiple‑award indefinite-delivery, indefinite-quantity (IDIQ) contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 16.5. Agency Report (AR), Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 4; AR, Tab 1, RFP at 2. The solicitation sought proposals to provide network data services in support of the MARFORRES network. AR, Tab 1, RFP, Performance Work Statement (PWS) at 2.[1] The solicitation contemplated the award of a single fixed-price task order with economic price adjustment for a 1-year base period, eleven 1-year option periods, and a 4-month option period. RFP at 2.
The RFP provided for award on a lowest-priced, technically acceptable basis, considering price and a technical/management approach evaluation factor. Id. at 5. The technical/management approach factor consisted of three subfactors: (1) compliance with PWS ¶¶ 6.1.5(G), (H), and (J); (2) service level agreement report; and, (3) agency level transition plan. Id. The solicitation stated that in order to be found technically acceptable, a proposal would need to be rated technically acceptable under each technical/management approach subfactor. Id.
As relevant here, the agency was to evaluate proposals under the first subfactor (compliance with PWS ¶¶ 6.1.5(G), (H), and (J)) to assess whether each offeror had demonstrated its ability to provide certain mandatory network capabilities. Id.
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