Meridian Knowledge Solutions, LLC (70RTAC20Q00000081)

B-420150.4,B-420150.5,B-420150.6 Aug 25, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Meridian Knowledge Solutions, LLC, of Reston, Virginia, protests the cancellation of request for quotations (RFQ) No. 70RTAC20Q00000081 by the Department of Homeland Security (DHS) for information technology support services. The protester alleges that the agency's decision to cancel the solicitation and procure its requirements through an inter-agency agreement (IAA) with the Office of Personnel Management (OPM) is unreasonable and contrary to law. 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 version has been approved for public release. Decision Matter of: Meridian Knowledge Solutions, LLC File: B-420150.4; B-420150.5; B-420150.6 Date: August 25, 2022 Lucas T. Hanback, Esq., Eleanor M. Ross, Esq., Alexandria Tindall Webb, Esq., and Cindy Lopez, Esq., Rogers Joseph O'Donnell, PC, for the protester. Roger A. Hipp, Esq., and Matthew D. McKenzie, Esq., Department of Homeland Security, for the agency. Michael Willems, Esq., and Evan Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that agency’s decision to cancel a solicitation was a pretext for making an impermissible sole source award is denied where the agency’s explanation for the decision was reasonable. 2. Protest challenging agency’s decision to enter into an inter-agency agreement is denied where the agreement was authorized by statute. DECISION Meridian Knowledge Solutions, LLC, of Reston, Virginia, protests the cancellation of request for quotations (RFQ) No. 70RTAC20Q00000081 by the Department of Homeland Security (DHS) for information technology support services. The protester alleges that the agency’s decision to cancel the solicitation and procure its requirements through an inter-agency agreement (IAA) with the Office of Personnel Management (OPM) is unreasonable and contrary to law. We deny the protest. BACKGROUND On September 24, 2020, DHS issued an RFQ pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 8.4 to establish blanket purchase agreements (BPAs) against the General Services Administration Information Technology Federal Supply Schedule (FSS). The RFQ sought information technology services supporting the agency’s learning management software (LMS) system. Agency Report (AR), Tab 3, RFQ at 2. Among other things, DHS sought an LMS system that would permit the agency to analyze training needs and gaps for its staff, to develop training and development plans for individual learners, and monitor the completion of those plans. RFQ, attach. 2, Statement of Work at 6. The solicitation contemplated the establishment of more than one BPA with an ordering period of “up to ten years from award to consist of a one year base and nine, one year option periods.” RFQ at 1. The RFQ contemplated a two-phase evaluation. Id. at 75‑77. In the first phase, the agency would evaluate written responses and then provide an advisory notification to vendors recommending whether they should proceed to the second phase. Id. In the second phase of the evaluation, the vendors would conduct a technical demonstration and oral presentation, which the agency would evaluate in combination with price. Id. Of note, the solicitation asked vendors to provide examples of their experience with the Federal Risk and Authorization Management Program[1] (FedRAMP), and expressed a preference for FedRAMP moderate or higher experience. RFQ at 76, 83. However, the solicitation explained that vendors need not be FedRAMP authorized at time of award. See AR, Tab 4, RFQ Amendment 0004 at 30. Following its final evaluation the agency established BPAs with three vendors: Envisage Technologies, LLC; The Educe Group, Inc.; and IBM Corporation. Meridian Knowledge Solutions, LLC, B‑420150 et al., Dec. 13, 2021, 2021 CPD ¶ 388 at 2; B‑420150, AR, Tab 32, Award Decision Document at 23. However, two of the awardees, Envisage and Educe, submitted quotations based on FSS contracts that would expire in 2022 and 2030, respectively. See Id. at 23. On August 31, 2021, the agency issued BPAs with varying periods of performance tailored to the time remaining on each awardee’s respective FSS contract. Id. Specifically, the agency issued a BPA to Envisage with a period of performance extending to October of 2022, a BPA to Educe with a period of performance extending to August of 2030, and a BPA to IBM for the full 10-year period of performance. Id. Meridian filed a protest with our Office challenging, among other things, the agency’s decision to issue BPAs of varying lengths. B-420150 et al., Protest at 14-15.