Deloitte Consulting, LLP (HT001521Q0003)
Case: B-420137
Agency: Department of Defense : Defense Health Agency
Protester: Deloitte Consulting, LLP
Date: 2022-07-25
Denied
B-420137.7,B-420137.8,B-420137.9,B-420137.10,B-420137.11
Jul 25, 2022
Jump To
FULL REPORT
VIEW DECISION
RELATED PAGES
GAO CONTACTS
Highlights
Deloitte Consulting LLP, of Arlington, Virginia, and ManTech Advanced Systems International, Inc., of Herndon, Virginia, protest the establishment of a blanket purchase agreement (BPA) with Perspecta Enterprise Solutions, LLC (PES), of Chantilly, Virginia, under request for quotations (RFQ) No. HT001521Q0003, issued by the Department of Defense, Defense Health Agency (DHA) for an enterprise information technology services integrator (EITSI). The protesters contend the award to PES is tainted by a conflict of interest that DHA failed to identify and mitigate, and challenge various other aspects of the evaluation and selection decision.
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: Deloitte Consulting LLP; ManTech Advanced Systems International, Inc.
File: B-420137.7; B-420137.8; B-420137.9; B-420137.10; B-420137.11
Date: July 25, 2022
David S. Cohen, Esq., John J. O’Brien, Esq., Jason Moy, Esq., and Rhina Cardenal, Esq., Cordatis LLP, for Deloitte Consulting LLP; and Michael D. McGill, Esq., Mark D. Colley, Esq., Thomas A. Pettit, Esq., and Michael T. Gwinn, Esq., Arnold & Porter Kaye Scholer, for ManTech Advanced Systems International, Inc., the protesters.
Kevin P. Connelly, Esq., Kelly E. Buroker, Esq., Jeffrey M. Lowry, Esq., and Tamara Droubi, Esq., Vedder Price PC, for Perspecta Enterprise Solutions LLC, the intervenor.
Colby L. Sullins, Esq., Bradley E. Richardson, Esq., and Kevin E. Bolin, Esq., Defense Health Agency, for the agency.
Charmaine A. Stevenson, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protests that award was tainted by conflicts of interest is denied where the record does not support allegations that a non-governmental advisor improperly influenced the procurement to favor the awardee, and where the protesters’ assertions do not present the hard facts necessary to refute the agency’s conclusion that no actual personal or organizational conflicts of interest exist.
2. Protest that the acquisition of awardee’s parent company prior to award rendered its quotation stale and ineligible for award is denied where the quotation informed the agency of the impending corporate transaction and the agency reasonably concluded that the transaction would not have a material impact on performance, and where the protester has not shown that the resources included in the awardee’s quotation have been rendered unavailable by the transaction or that the awardee intends to perform in a manner differently than what was proposed.
3. Protests challenging the evaluation of quotations and selection decision are denied where the record shows that both were reasonable and consistent with the terms of the solicitation.
DECISION
Deloitte Consulting LLP, of Arlington, Virginia, and ManTech Advanced Systems International, Inc., of Herndon, Virginia, protest the establishment of a blanket purchase agreement (BPA) with Perspecta Enterprise Solutions, LLC (PES), of Chantilly, Virginia, under request for quotations (RFQ) No. HT001521Q0003, issued by the Department of Defense, Defense Health Agency (DHA) for an enterprise information technology services integrator (EITSI). The protesters contend the award to PES is tainted by a conflict of interest that DHA failed to identify and mitigate, and challenge various other aspects of the evaluation and selection decision.
We deny the protest.
BACKGROUND
The Department of Defense (DOD) has made DHA responsible for implementing an integrated system of affordable and quality health services for Military Health System beneficiaries. To achieve this end, DOD is transitioning the authority, direction, and control over all Department of Defense military treatment facilities to DHA.[1] Agency Report (AR)[2], Tab 7, RFQ at 38 (BPA Performance Work Statement at 2). This includes all information technology (IT) services and support capabilities, including delivery of a single electronic health record system to support an estimated 9.4 million beneficiaries. Id. To implement its strategy of establishing a single enterprise IT services environment using a multi-sourcing services integrator, DHA developed the EITSI requirements for this procurement. Id. at 39-40.
DHA issued the RFQ on January 25, 2021, pursuant to Federal Acquisition Regulation (FAR) subpart 8.4, in conjunction with the commercial item procedures of FAR part 12, to vendors holding contracts under Special Item No. (SIN) 54151HEAL of the Federal Supply Schedules (FSS). Id. at 1; Deloitte Contracting Officer’s Statement (COS) at 2.
Full decision text continues on ProtestIntel...