Lumen Technologies Government Solutions, Inc. (15F06720R0000174)

B-420178.3,B-420178.4 Jul 25, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Lumen Technologies Government Solutions, Inc., of Monroe, Louisiana, challenges the issuance of a task order to AT&T Corporation, of Oakton, Virginia, by the Department of Justice, Federal Bureau of Investigation (FBI), under request for proposals (RFP) No. 15F06720R0000174, which was issued for network, data and voice services. The protester argues that the agency misled it during discussions; the agency failed to identify and consider additional information concerning the awardee's past performance; and the award decision did not adequately justify the selection of the awardee's lowerpriced, lower technically rated proposal. 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: Lumen Technologies Government Solutions, Inc. File: B-420178.3; B-420178.4 Date: July 25, 2022 Shelly L. Ewald, Esq., Richard G. Mann, Jr., Esq., Sarah Bloom, Esq., and Andrew L. Balland, Esq., Watt Tieder Hoffar & Fitzgerald, LLP, for the protester. Jonathan M. Baker, Esq., James G. Peyster, Esq., and Tyler S. Brown, Esq. Crowell & Moring LLP, for AT&T Corporation, the intervenor. Marcela A. Liddick, Esq., and Carlos S. Pedraza, Esq., Department of Justice, for the agency. Jonathan L. Kang, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Challenge to the conduct of discussions is denied where the agency did not mislead the protester by advising it of a limited number of prices the agency found unreasonably high. 2. Protest that the agency failed to identify and consider additional information concerning the awardee’s past performance is denied where the performance was for contracts awarded by different agencies and where the protester does not establish that the agency was obligated to consider this information. 3. Challenge to the award decision is denied where the agency reasonably explained the basis for selecting a lower-priced, lower technically rated proposal for award. DECISION Lumen Technologies Government Solutions, Inc., of Monroe, Louisiana, challenges the issuance of a task order to AT&T Corporation, of Oakton, Virginia, by the Department of Justice, Federal Bureau of Investigation (FBI), under request for proposals (RFP) No. 15F06720R0000174, which was issued for network, data and voice services. The protester argues that the agency misled it during discussions; the agency failed to identify and consider additional information concerning the awardee’s past performance; and the award decision did not adequately justify the selection of the awardee’s lower-priced, lower technically rated proposal. We deny the protest. BACKGROUND The FBI issued the RFP on September 30, 2020, seeking proposals to provide agency-wide network, data and voice telecommunications services. Agency Report (AR), Tab 3, RFP[1] at 1. The agency currently receives these telecommunications services through a number of different indefinite-delivery, indefinite-quantity (IDIQ) contracts, and seeks to transition them to the Enterprise Infrastructure Solutions (EIS) IDIQ contracts awarded by the General Services Administration (GSA). Id. at 18-19. The RFP was issued under the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, and anticipated the issuance of two task orders under the EIS contracts: task order 1, for the primary provider of the FBI’s requirements; and task order 2, for a secondary provider to provide a physically diverse network “to minimize the risk associated with having a single point of failure.” Id. at 21. This protest concerns task order 2. The RFP advised that proposals would be evaluated based on the following four factors, listed in descending order of importance: (1) technical approach; (2) transition and management; (3) past performance; and (4) price. Id. at 151-52. For purposes of award, the non-price factors, when combined, were “more important” than price. Id. at 151. The FBI received proposals from three offerors, Lumen, AT&T, and Verizon Business Network Services LLC. Contracting Officer’s Statement (COS) at 1. On September 2, 2021, the FBI awarded task order 1 to Verizon and task order 2 to Lumen. Id. at 2. AT&T filed protests with our Office (B-420177; B-420177.2; B-420178; B-420178.2) challenging the issuance of both task orders, arguing that the agency unreasonably evaluated offerors’ proposed prices, technical proposals, and past performance. On October 15, the FBI advised our Office that it would take corrective action to address the protests by reevaluating proposals and making a new award decision. AT&T Corp., B‑420177, B‑420177.2, Oct. 20, 2021 at 1 (unpublished decision); AT&T Corp., B‑420178, B‑420178.2, Oct.