Battelle Memorial Institute (70T04021Q7672N001)
Case: B-420253
Agency: Department of Homeland Security : Transportation Security Administration
Protester: Battelle Memorial Institute
Date: 2022-01-12
Denied
B-420253,B-420253.4,B-420253.5
Jan 12, 2022
Jump To
FULL REPORT
VIEW DECISION
RELATED PAGES
GAO CONTACTS
Highlights
Battelle Memorial Institute, of Columbus, Ohio, protests the establishment of a blanket purchase agreement (BPA) with Science Applications International Corporation (SAIC), of Reston, Virginia, under request for quotations (RFQ) No. 70T04021Q7672N001, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for acceptance testing support services for transportation security equipment. The protester challenges various aspects of the agency's evaluation of quotations.
We deny the protest in part and dismiss it in part.
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: Battelle Memorial Institute
File: B-420253; B-420253.4; B-420253.5
Date: January 12, 2022
Marques O. Peterson, Esq., Meghan D. Doherty, Esq., Robert Starling, Esq., and Dinesh Dharmadasa, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester.
Susan W. Ebner, Esq., Eric Whytsell, Esq., Judith Araujo, Esq., and Allison Kruse, Esq., Stinson LLP, for Science Applications International Corporation, the intervenor.
Michael Kiffney, Esq., Christopher J. Reames, Esq., Thomas McGivern, Esq., and Maged Sharabi, Esq., Department of Homeland Security, for the agency.
Uri R. Yoo, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the agency failed to assess multiple benefits to the protester’s quotation, while unreasonably assessing two risks, is denied where the record shows that the evaluation was reasonable and consistent with the solicitation.
2. Protest that the agency’s evaluation of proposed key personnel was unequal is denied where the record shows that the difference in the agency’s assessment of benefits and risks was based on the differences in the vendors’ quotations.
3. Protest that the agency waived a material solicitation requirement for the awardee is denied where the record shows that the agency did not waive the solicitation requirement and reasonably found the awardee’s proposed approach to travel costs to be acceptable.
4. Protester is not an interested party to challenge the agency’s evaluation of awardee’s technical quotation where the protester has not challenged an intervening vendor, and the record shows that even if the protest were sustained on this ground, the protester would not be next in line for award.
DECISION
Battelle Memorial Institute, of Columbus, Ohio, protests the establishment of a blanket purchase agreement (BPA) with Science Applications International Corporation (SAIC), of Reston, Virginia, under request for quotations (RFQ) No. 70T04021Q7672N001, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for acceptance testing support services for transportation security equipment. The protester challenges various aspects of the agency’s evaluation of quotations.
We deny the protest in part and dismiss it in part.
BACKGROUND
On May 18, 2021, the agency issued the RFQ through the General Services Administration’s (GSA) e-Buy system, to vendors holding GSA Multiple Award Schedule (MAS) contracts for Professional Services - Technical and Engineering Services (non-IT).[1] Memorandum of Law (MOL) at 2; Agency Report (AR), Tab 6, RFQ amend. 5 at 1702.[2] The RFQ was issued under the Federal Supply Schedule (FSS) procedures of Federal Acquisition Regulation (FAR) subpart 8.4. RFQ at 1702.
The solicitation sought quotations to provide support services for acceptance testing of transportation security equipment, including inspection and dynamic testing of systems or major system components. MOL at 2; see AR, Tab 1, RFQ, attach. ATSS‑4, Performance Work Statement (PWS) at 0119-0120.[3] The RFQ anticipated the establishment of a fixed-price BPA under the vendor’s GSA MAS contract with a 5‑year period of performance, consisting of a 12-month base period and four 1-year options. RFQ at 1701, 1703.
The RFQ advised that a BPA would be established with the vendor whose quotation was determined to best meet the needs of the agency, i.e., provide the best value, considering the following four factors (in descending order of importance): (1) demonstrated prior experience; (2) management, planning, and technical execution; (3) personnel and staffing approach; and (4) price. Id. at 1808. All non‑price factors, when combined, were considered significantly more important than price. Id.
The solicitation provided that quotations would be evaluated in two phases. The first phase would be an advisory “down-select” based on the demonstrated prior experience factor, and the second phase would be based on the evaluation under the remaining three factors. Id.
Full decision text continues on ProtestIntel...