Odyssey Systems Consulting Group, Ltd. (47QFPA21R0009)
Case: B-419730
Agency: Independent Government Entities : Federal Acquisition Service
Protester: Odyssey Systems Consulting Group, Ltd.
Date: 2021-09-30
Granted
B-419730.5
Sep 30, 2021
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Highlights
Odyssey Systems Consulting Group, Ltd., a small business of Wakefield, Massachusetts, requests that we recommend the firm be reimbursed its reasonable costs of pursuing its protest. Odyssey challenged the issuance of a task order to Millennium Engineering and Integration, LLC, by the General Services Administration (GSA), Federal Acquisition Service, under task order request for proposals (RFP) No. 47QFPA21R0009, which was issued for advisory and assistance services. The protester alleged that Millennium improperly certified its small business status and that the agency improperly awarded the task order to Millennium knowing that it was not an eligible small business. The protester further argued that the agency unreasonably evaluated Odyssey's proposal, unequally evaluated offerors, improperly waived page limitations for the awardee, and failed to perform a proper best-value tradeoff. After our Office advised the parties at an outcome prediction alternative dispute resolution (ADR) conference that GAO would likely sustain the protest, GSA stated that it would take corrective action, and we dismissed the protest as academic.
The request is granted in part and denied in part.
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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: Odyssey Systems Consulting Group, Ltd.--Costs
File: B‑419730.5
Date: September 30, 2021
David Cohen, Esq., John J. O’Brien, Esq., and Laurel A. Hockey, Esq., Cordatis LLP, for the protester.
Torrie Harris, Esq., and Charles McCarthy, Esq., General Services Administration, for the agency.
David A. Edelstein, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
GAO recommends reimbursement of the reasonable costs of filing and pursuing protest challenging the agency’s technical evaluation and tradeoff decision where protest of the agency’s assessment of a weakness was clearly meritorious and the agency unduly delayed taking corrective action. Reimbursement is also recommended as to other protest grounds relating to evaluation of the same technical evaluation factor that are intertwined with, and thus not severable from, the clearly meritorious protest ground.
DECISION
Odyssey Systems Consulting Group, Ltd., a small business of Wakefield, Massachusetts, requests that we recommend the firm be reimbursed its reasonable costs of pursuing its protest. Odyssey challenged the issuance of a task order to Millennium Engineering and Integration, LLC, by the General Services Administration (GSA), Federal Acquisition Service, under task order request for proposals (RFP) No. 47QFPA21R0009, which was issued for advisory and assistance services. The protester alleged that Millennium improperly certified its small business status and that the agency improperly awarded the task order to Millennium knowing that it was not an eligible small business. The protester further argued that the agency unreasonably evaluated Odyssey’s proposal, unequally evaluated offerors, improperly waived page limitations for the awardee, and failed to perform a proper best-value tradeoff. After our Office advised the parties at an outcome prediction alternative dispute resolution (ADR) conference that GAO would likely sustain the protest, GSA stated that it would take corrective action, and we dismissed the protest as academic.
The request is granted in part and denied in part.
BACKGROUND
On December 18, 2020, GSA issued the RFP to firms holding contracts under GSA’s One Acquisition Solution for Integrated Services Small Business Pool 5B indefinite‑delivery, indefinite‑quantity contract, pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 16.5. RFP at 2.[1] GSA conducted the procurement on behalf of the Space and Missile Systems Center Portfolio Architect at Los Angeles Air Force Base (AFB) in Los Angeles, California; Peterson AFB in Colorado Springs, Colorado; and Buckley AFB in Aurora, Colorado. Id. The contractor would provide support necessary to perform a broad range of advisory and assistance services, in areas such as acquisition strategy and execution, systems engineering, and quality control. Id. The solicitation contemplated the issuance of a fixed‑price task order for a 1‑year base period, four 1‑year options, and a 6‑month option to extend services under FAR clause 52.217‑8, Option to Extend Services. Id. at 10.
The RFP provided that award would be made on a best‑value tradeoff basis, considering technical capability, past performance, and price. Id. at 90. Technical capability was the most important evaluation factor, and was significantly more important than price. Id. at 91‑97.
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