TechOp Solutions International, Inc. (70FA4021R00000003)

B-419964.2,B-419964.3 Jan 18, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights TechOp Solutions International, Inc., a small business of Stafford, Virginia, protests the establishment of a blanket purchase agreement (BPA) with Savan Group, LLC, a small business of McLean, Virginia, under request for proposals (RFP) No. 70FA4021R00000003 issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to provide professional support services for the Office of the Chief Administrative Officer (OCAO). TechOp challenges several aspects of the agency's non-price evaluation. 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:  TechOp Solutions International, Inc. File:  B-419964.2; B-419964.3 Date:  January 18, 2022 C. Peter Dungan, Esq., Stephen P. Ramaley, Esq., Roger V. Abbott, Esq., Tara D. Hopkins, Esq., and Jarrod R. Carman, Esq., Miles & Stockbridge P.C., for the protester. Katherine B. Burrows, Esq., Kevin T. Barnett, Esq., Lauren R. Brier, Esq., Piliero Mazza PLLC, for Savan Group, LLC, the intervenor. Bruce M. James, Esq., and Matthew Lane, Esq., Department of Homeland Security, for the agency. Samantha S. Lee, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the agency engaged in unequal discussions is denied where the agency’s exchanges with an offeror were clarifications, not discussions. 2.  Protest challenging the agency’s non-price evaluation is denied where the record shows that the evaluation was consistent with the solicitation. DECISION TechOp Solutions International, Inc., a small business of Stafford, Virginia, protests the establishment of a blanket purchase agreement (BPA) with Savan Group, LLC, a small business of McLean, Virginia, under request for proposals (RFP) No. 70FA4021R00000003 issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to provide professional support services for the Office of the Chief Administrative Officer (OCAO).  TechOp challenges several aspects of the agency’s non‑price evaluation. We deny the protest. BACKGROUND The agency issued the solicitation as a small business set-aside on March 19, 2021, under the General Services Administration (GSA) Federal Supply Schedule (FSS) procedures set forth in Federal Acquisition Regulation (FAR) subpart 8.4.[1]  Agency Report (AR), Tab C, RFP at 2.  The solicitation sought proposals from professional services schedule (PSS) holders, and contemplated establishment of a single hybrid fixed-price and labor-hour BPA with a 5-year ordering period.  Id. at 2, 6. The procurement was to acquire professional support services for OCAO’s Information Management Division (IMD).  AR, Tab D, Performance Work Statement (PWS) at 2.  The IMD is comprised of three branches:  records management, disclosures, and privacy.  Id.  The branches are responsible for, among other things, records management, forms management, privacy, and disclosure (including Freedom of Information Act (FOIA) requests).  Id. The solicitation requested technical and price proposals.  RFP at 51.  The RFP provided for award to be made on a best-value tradeoff basis, taking into consideration four evaluation factors, listed in descending order of importance:  technical and management approach (technical), key personnel and qualifications, past performance, and price.  Id. at 53‑56.  All non-price factors were significantly more important than price.  Id. at 53. The agency received proposals from four offerors, including TechOp and Savan, by the April 16 due date.  AR, Tab K, Award Decision Memorandum (ADM) at 3-4.  On May 19, a technical evaluation team (TET) provided consensus evaluations to the contracting officer, who was also the source selection authority (SSA) for this procurement.  Id. at 4‑5.  On May 21, the contracting officer emailed Savan, identifying two apparent “inconsistencies” between Savan’s price proposal and its published GSA schedule rates for two positions.  AR, Tab L, Emails at 5.  The contracting officer asked Savan to confirm whether the quoted rates were correct.  Id. at 6.  On May 24, Savan responded that the quoted rates were correct for the labor categories it proposed.  Id. In June, the SSA conducted a best-value tradeoff analysis and determined that Savan’s proposal represented the best value to the government and established a BPA with the firm.  AR, Tab K, ADM at 4.  TechOp protested the establishment of the BPA to our Office on July 6.  In response, the agency notified us of its intent to take corrective action by reevaluating proposals and making a new best-value determination.  TechOp Sols.