Steel Point Solutions, LLC (HM047620R0039)

B-419709.3 Dec 21, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Steel Point Solutions, LLC, of Calverton, Maryland, protests the award of a contract to Deloitte Consulting, LLP, of Arlington, Virginia, under request for proposals (RFP) No. HM047620R0039, issued by the National Geospatial-Intelligence Agency (NGA) to design, build and operate a corporate automation implementation center (CAIC). Steel Point argues that the agency failed to effectively waive an organizational conflict of interest (OCI) on the part of Deloitte that makes award to the firm improper, and also argues that the agency failed to take into consideration the OCI in evaluating Deloitte's past performance. 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:  Steel Point Solutions, LLC File:  B-419709.3 Date:  December 21, 2021 Kevin J. Maynard, Esq., Gary S. Ward, Esq., Sarah B. Hansen, Esq., and Nicole E. Giles, Esq., Wiley Rein LLP, for the protester. Keith R. Szeliga, Esq., Katie A. Calogero, Esq., and Adam A. Bartolanzo, Esq., Sheppard Mullin Richter & Hampton LLP, for Deloitte Consulting, LLP, an intervenor. Mark Grebel, Esq., and Anthony Lascola, Esq., National Geospatial-Intelligence Agency, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest alleging that agency failed to effectively waive an organizational conflict of interest (OCI) for the awardee is denied where record shows agency’s actions were legally sufficient to waive an OCI on the part of the awardee. 2.  Allegation that agency improperly attributed one past performance example to the awardee is denied where record shows that the past performance example was performed by the same exact entity that was proposed to perform the solicited requirement. DECISION Steel Point Solutions, LLC, of Calverton, Maryland, protests the award of a contract to Deloitte Consulting, LLP, of Arlington, Virginia, under request for proposals (RFP) No. HM047620R0039, issued by the National Geospatial-Intelligence Agency (NGA) to design, build and operate a corporate automation implementation center (CAIC).  Steel Point argues that the agency failed to effectively waive an organizational conflict of interest (OCI) on the part of Deloitte that makes award to the firm improper, and also argues that the agency failed to take into consideration the OCI in evaluating Deloitte’s past performance. We deny the protest. BACKGROUND This is Steel Point’s second protest filed in connection with this acquisition.  In its earlier protest, Steel Point argued that Deloitte had various OCIs arising from the award of the subject contract because of other contracts between Deloitte and the agency, and also that the agency misevaluated proposals in various ways.  We agreed with Steel Point as to the OCI question, and found that the agency had failed adequately to consider whether Deloitte had an impaired objectivity OCI in connection with performing the CAIC contract in light of another contract referred to as the cybersecurity risk management and assessment (CRMA) contract that Deloitte was performing.[1]  Steel Point Solutions, LLC, B-419709, B-419709.2, July 7, 2021, 2021 CPD ¶ 254.  We recommended that the agency reconsider the extent of Deloitte’s actual or potential OCIs, determine whether those could be mitigated, and decide whether it would be appropriate to make award to Deloitte based on that reconsideration.  Id. at 10. In the wake of our earlier decision, the agency obtained revised OCI mitigation plans from Deloitte for both the CAIC contract and the CRMA contract.  Agency Report (AR), exhs. I.2.a, CAIC OCI Mitigation Plan, J.8.a, CRMA OCI Mitigation Plan.  The contracting officer for the CAIC contract reviewed the CAIC mitigation plan and advised Deloitte that it was acceptable and would be incorporated into the CAIC contract should Deloitte remain the awardee.  AR, exh. I.4, Message to Deloitte from the CAIC Contracting Officer.  Similarly, the contracting office for the CRMA contract reviewed the mitigation plan submitted for that contract, concluded that it would be effective, and incorporated it into the CRMA contract.  AR, exh. J.8.b, CRMA Contract Modification.  In addition, in what the agency describes as an abundance of caution. it also executed a waiver of any residual OCIs that may not have been considered and addressed in its investigation of any potential OCIs and its assessment of Deloitte’s OCI mitigation plans.  AR, exh.