Platinum Business Services LLC (70FA3021Q00000022)
Case: B-419930
Agency: Department of Homeland Security : Federal Emergency Management Agency
Protester: Platinum Business Services LLC
Date: 2021-09-23
Denied In Part
B-419930
Sep 23, 2021
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Highlights
Platinum Business Services LLC, an 8(a) small business of Catonsville, Maryland, protests the issuance of a task order to Delviom, LLC, an 8(a) small business of Ashburn, Virginia, under request for quotations (RFQ) No. 70FA3021Q00000022, issued by the Department of the Homeland Security (DHS), Federal Emergency Management Agency (FEMA) for cyber assessment and risk management support services. The protester argues the agency unreasonably evaluated its quotation, which led to an improper award to Delviom. The protester also argues the awardee engaged in an impermissible bait and switch tactic with respect to its proposed key personnel.
We deny the protest in part and dismiss it 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: Platinum Business Services LLC
File: B-419930
Date: September 23, 2021
Lee Dougherty, Esq., Effectus PLLC, for the protester.
Elizabeth N. Jochum, Esq., Zachary D. Prince, Esq., and Léa A. Dickinson, Esq., Smith Pachter McWhorter PLC, for Delviom, LLC, the intervenor.
Ekta Patel, Esq., Department of Homeland Security, for the agency.
Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest challenging agency’s evaluation of protester’s quotation is denied where evaluation was reasonable and consistent with the terms of the solicitation.
2. Protest alleging awardee engaged in impermissible “bait and switch” is dismissed where protester fails to demonstrate awardee “baited” the agency, or intended to replace furnished key personnel with less qualified personnel.
DECISION
Platinum Business Services LLC, an 8(a) small business of Catonsville, Maryland, protests the issuance of a task order to Delviom, LLC, an 8(a) small business of Ashburn, Virginia, under request for quotations (RFQ) No. 70FA3021Q00000022, issued by the Department of the Homeland Security (DHS), Federal Emergency Management Agency (FEMA) for cyber assessment and risk management support services. The protester argues the agency unreasonably evaluated its quotation, which led to an improper award to Delviom. The protester also argues the awardee engaged in an impermissible bait and switch tactic with respect to its proposed key personnel.
We deny the protest in part and dismiss it in part.
BACKGROUND
On April 16, 2021, FEMA issued the RFQ as a set-aside for 8(a) small businesses in accordance with Federal Acquisition Regulation (FAR) section 8.405-5.[1] Agency Report (AR), Tab 7, RFQ at 1-2.[2] The agency sought a vendor to provide security assessments of information technology systems, security control assessments for security authorizations, and support for the information system life cycle. Id. at 1.
The RFQ contemplated the issuance of a fixed-price task order for a base period of twelve months and an option period of another twelve months. AR, Tab 1, Contracting Officer’s Statement (COS) at 1. The RFQ provided for the evaluation of quotations based on three evaluation factors: past demonstrated experience, technical and management capability, and price. RFQ at 1-6. The RFQ anticipated award on a best-value tradeoff basis where past demonstrated experience was the most important factor; technical and management capability was the second most important factor; and the non-price factors, when combined, were more important than price. Id. The RFQ provided for a two phase evaluation scheme. Id. at 1. The due date for quotations for phase one was May 5; phase two submissions were due by May 19. Id.
The evaluation of prior demonstrated experience under phase one required each vendor to provide a narrative demonstrating its relevant experience in meeting the requirements of FEMA’s cyber security program.[3] Id. at 3. The RFQ further required vendors to submit prior demonstrated experience on (1) a top-secret contract and (2) three government contracts within the last five years involving requirements that are similar to the technical requirements of the current solicitation. Id. at 4. In addition to the two required types of experience, the RFQ provided the following three areas of prior demonstrated experience that were highly desired by the agency: (1) work on at least one prime contract of the same complexity worth at least $20 million; (2) work with high value assets, and risk and vulnerability assessment sub-categories; and (3) experience with DHS working with specific cyber security tools. Id. at 3.
Following the agency’s evaluation of the phase one submissions, the agency would advise vendors as to whether they were likely to be viable competitors and should proceed to phase two.[4] Id.
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