Torrent Technologies Inc. (70FA6020R00000003)

B-419326,B-419326.2 Jan 19, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Torrent Technologies, Inc., of Overland Park, Kansas, protests the award of a contract to National Flood Services, LLC (NFS), of Kalispell, Montana, under request for proposals (RFP) No. 70FA6020R00000003, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for flood insurance policy administration. The protester primarily challenges the agency's price evaluation, as well as the conduct of discussions, the evaluation of the awardee's proposal under the non-price factors, and the best-value tradeoff decision. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of:  Torrent Technologies, Inc. File:  B-419326; B-419326.2 Date:  January 19, 2021 Michael J. Schaengold, Esq., Melissa Paige Prusock, Esq., Danielle K. Muenzfeld, Esq., and Brett A. Castellat, Esq., Greenberg Traurig LLP, for the protester. Daniel R. Forman, Esq., Abigail T. Stokes, Esq., and Craig Barrett, Esq., Crowell & Moring LLP, for National Flood Services, LLC, the intervenor. Rina Martinez, Esq., Department of Homeland Security, for the agency. April Y. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging the agency’s price evaluation is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation and applicable procurement law and regulation; also, protest alleging that the agency waived an aspect of the pricing structure for the awardee is denied where there is no basis in the record to find that such a waiver occurred. 2.  Protest alleging that discussions with the protester were misleading with regard to price is denied where the discussions were consistent with applicable procurement law and regulation. 3.  Protest challenging the agency’s evaluation of the awardee’s proposal under the non-price factors is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation. 4.  Protest challenging the agency’s best-value tradeoff decision is denied where the agency documented its basis for award to a lower-rated, lower-priced offeror and where the underlying evaluation was reasonable. DECISION   Torrent Technologies, Inc., of Overland Park, Kansas, protests the award of a contract to National Flood Services, LLC (NFS), of Kalispell, Montana, under request for proposals (RFP) No. 70FA6020R00000003, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for flood insurance policy administration.  The protester primarily challenges the agency’s price evaluation, as well as the conduct of discussions, the evaluation of the awardee’s proposal under the non‑price factors, and the best-value tradeoff decision. We deny the protest. BACKGROUND The National Flood Insurance Program (NFIP), created by Congress through the National Flood Insurance Act of 1968 and as revised since then, makes federally‑backed flood insurance available to eligible communities.  Agency Report (AR), Tab E, Final RFP After Amendment 2 (RFP);[1] AR, Tab F, RFP Attachment A, Performance Work Statement (PWS) at 2‑3.  The NFIP is managed by FEMA and its Federal Insurance Mitigation Administration.  The NFIP sells and administers flood insurance policies either through an arrangement with private “Write Your Own” insurance companies or, at issue here, through an “NFIP Direct” contractor.  On July 29, 2020, the agency issued the RFP pursuant to Federal Acquisition Regulation (FAR) part 12, acquisition of commercial items, and part 15, contracting by negotiation.  See RFP; Contracting Officer’s Statement at 2.  The RFP contemplated the award of a single indefinite-delivery, indefinite-quantity (IDIQ) contract under which fixed-price and/or time-and-materials task orders would be issued.  RFP at 52.  The contract would be performed over a 1-year base period, four 1-year option periods, and a 6-month extension option, with a guaranteed minimum amount of $10,000 and a maximum amount of $165 million.  Id.