Firebird Analytical Solutions and Technologies, Inc. (70US0920Q70090079)

B-419968.3 Mar 10, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Ruchman and Associates, Inc. (RAI), a small business located in Nottingham, Maryland, requests that our Office recommend the agency reimburse it for the reasonable costs of filing and pursuing its protest. RAI challenged the establishment of a blanket purchase agreement (BPA) with Firebird Analytical Solutions and Technologies, under request for quotations (RFQ) No. 70US0920Q70090079, issued by the Department of Homeland Security, United States Secret Service, for contract financial investigative support. The protester challenged the agency's price realism evaluation. The protester also argued that the agency unreasonably evaluated RAI's technical quotation regarding its proposed key personnel, and failed to perform a proper best-value tradeoff. After our Office advised the parties at an alternative dispute resolution (ADR) conference that GAO would likely sustain the protest, the agency stated that it would take corrective action, and we dismissed the protest as academic. We grant the request. View Decision Decision Matter of:  Ruchman and Associates, Inc.--Costs File:  B-419968.3 Date:  March 10, 2022 Neil H. Ruchman for the protester. Michael H. Noyes, Esq., Department of Homeland Security, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request that GAO recommend reimbursement of protest costs is granted where the agency unduly delayed taking corrective action in response to clearly meritorious protest arguments and where the other protest grounds were intertwined with the clearly meritorious issues. DECISION Ruchman and Associates, Inc. (RAI), a small business located in Nottingham, Maryland, requests that our Office recommend the agency reimburse it for the reasonable costs of filing and pursuing its protest.  RAI challenged the establishment of a blanket purchase agreement (BPA) with Firebird Analytical Solutions and Technologies, under request for quotations (RFQ) No. 70US0920Q70090079, issued by the Department of Homeland Security, United States Secret Service, for contract financial investigative support.  The protester challenged the agency’s price realism evaluation.  The protester also argued that the agency unreasonably evaluated RAI’s technical quotation regarding its proposed key personnel, and failed to perform a proper best-value tradeoff.  After our Office advised the parties at an alternative dispute resolution (ADR) conference that GAO would likely sustain the protest, the agency stated that it would take corrective action, and we dismissed the protest as academic. We grant the request. BACKGROUND On July 7, 2020, the agency issued the RFQ to vendors holding General Services Administration (GSA), federal supply schedule (FSS) contracts under the Professional Services Schedule using the procedures of Federal Acquisition Regulation (FAR) subpart 8.4.  Agency Report (AR), exh. 3, RFQ at 1; AR, exh. 2, Contracting Officer’s Statement (COS) at 1.[1]  The RFQ was set aside for small businesses and anticipated establishment of a BPA contemplating the issuance of fixed‑price and labor-hour call orders, for a base year and four 1-year option periods.  RFQ at 2-4.  Award was to be made on a best-value tradeoff basis, considering corporate experience, past performance, technical capability, and price.[2]  Id. at 18-19.  The technical capability factor included two subfactors of equal importance:  program management and staffing, and key personnel.  Id. at 19. The evaluation was conducted in two phases using an “advisory down-select” process.[3]  Id. at 18.  The agency received phase I quotations from six vendors.  COS at 2; AR, exh. 13, Source Selection Decision/Price Analysis Memorandum (SSD/PAM) at 6.  After evaluating quotations, the agency notified RAI and Firebird that they were among the most highly rated vendors and invited both vendors to participate in phase II of the procurement.  Id. at 5-6; Protest, exh. 1, RAI Notice at 1.  Both RAI and Firebird submitted phase II quotations.  COS at 6. After evaluating phase II quotations, the agency assigned the following overall ratings to RAI and Firebird:   RAI FIREBIRD Corporate Experience High Confidence High Confidence Past Performance High Confidence High Confidence Technical Capability Low Confidence High Confidence Price $9,015,345 $12,966,441 COS at 9, 11; AR, exh. 13, SSD/PAM at 6-7, 10, 13.