NCI Information Systems, Inc. (70SBUR20R00000001)
Case: B-419322
Agency: Department of Homeland Security : United States Citizenship and Immigration Services
Protester: NCI Information Systems, Inc.
Date: 2021-05-03
Denied
B-419322.3
May 03, 2021
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Highlights
NCI Information Systems, Inc. (NCI), of Reston, Virginia, requests reconsideration of our decision in NCI Info. Sys., Inc., B-419322, B-419322.2, Jan. 12, 2021, 2021 CPD ¶ 23, denying in part and dismissing in part its protest challenging the issuance of a task order to Salient CRGT, under request for proposals (RFP) 70SBUR20R00000001. The Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) issued the task order for information technology (IT) deployment, maintenance, and repair services. NCI contends that our decision materially erred when it concluded that the protester was not an interested party to challenge the agency's failure to amend the solicitation to revise an incorrect independent government cost estimate (IGCE).
We deny the request.
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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: NCI Information Systems, Inc.--Reconsideration
File: B-419322.3
Date: May 3, 2021
Daniel P. Graham, Esq., Elizabeth K. McIntyre, Esq., Ryan D. Stalnaker, Esq., and Alison S. Harmes, Esq., Vinson & Elkins, for the requester.
John E. Cornell, Esq., Department of Homeland Security, for the agency.
Kasia Dourney, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Request for reconsideration of decision finding the protester was not an interested party to challenge the agency’s failure to amend the solicitation is denied where the requester is unable to show any error of fact or law warranting reversal or modification of our decision.
DECISION
NCI Information Systems, Inc. (NCI), of Reston, Virginia, requests reconsideration of our decision in NCI Info. Sys., Inc., B-419322, B-419322.2, Jan. 12, 2021, 2021 CPD ¶ 23, denying in part and dismissing in part its protest challenging the issuance of a task order to Salient CRGT, under request for proposals (RFP) 70SBUR20R00000001. The Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) issued the task order for information technology (IT) deployment, maintenance, and repair services. NCI contends that our decision materially erred when it concluded that the protester was not an interested party to challenge the agency’s failure to amend the solicitation to revise an incorrect independent government cost estimate (IGCE).
We deny the request.
BACKGROUND
On April 1, 2020, the agency issued the RFP to holders of the General Services Administration’s (GSA) Alliant 2 governmentwide acquisition contract, seeking proposals for IT deployment, maintenance, and repair services in support of the USCIS Office of Information Technology. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 1; Agency Report (AR)[1], Exh. 13, Decl. of Contracting Officer at 2. The procurement here was conducted under the provisions of Federal Acquisition Regulation (FAR) subpart 16.5.
The solicitation anticipated the issuance of a hybrid fixed-price and time-and-materials task order, for a 3-month transition period, a 9-month base period, and four 1-year option periods. AR, Exh. 1, RFP at 1-15. Offerors were advised that the task order would be issued on a best-value tradeoff basis, considering the following evaluation factors: oral presentation, management capability, technical capability, past performance, and price. Id. at 59-61.
As discussed in detail in our decision, the RFP required offerors to provide in their written proposals “[e]vidence of an adequate accounting system for all prime and subcontractors,” such as “a written opinion or other statement” from a cognizant federal auditor or a federal agency official. Id. at 61.
The agency received five written proposals, including from NCI and Salient. AR, Exh. 7, Technical Evaluation Committee (TEC) Report at 3. While evaluating NCI’s proposal, the agency determined that NCI failed to provide the required evidence of an adequate accounting system, resulting in a finding that NCI was ineligible for award. AR, Exh. 6, Business Evaluation Committee Report at 18; see also AR, Exh. 11, Source Selection Decision Document (SSDD) at 5, 8. Subsequently, the agency issued the task order to Salient, finding that its proposal, valued at $174,999,083, provided the best value to the government. AR, Exh. 11, SSDD at 4, 10.
As relevant here, during the evaluation of proposals, the agency discovered a calculation error in the IGCE. Specifically, the IGCE provided in the RFP was 22 percent higher than the intended IGCE of $217 million. Id.
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