NTT Data Services Federal Government, LLC (70B02C21R00000069)

B-420274,B-420274.2 Jan 18, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights NTT Data Services Federal Government, LLC, of Herndon, Virginia, protests the issuance of a task order to American Systems Corporation (ASC), of Chantilly, Virginia, under request for proposals (RFP) No. 70B02C21R00000069, issued by the Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), for independent verification and validation (IV&V) services. NTT, which is the incumbent contractor for the requirement, argues that the agency's evaluation of proposals and source selection decision were unreasonable. The protest is denied in part, and dismissed in part. View Decision Decision Matter of:  NTT Data Services Federal Government, LLC File:  B-420274; B-420274.2 Date:  January 18, 2022 Kevin J. Maynard, Esq., George E. Petel, Esq., Cara L. Lasley, Esq., and Nicholas L. Perry, Esq., Wiley Rein LLP, for the protester. Katherine Burrows, Esq., Isaias Alba IV, Esq., Lauren Brier, Esq., and Eric Valle, Esq., Piliero Mazza PLLC, for American Systems Corporation, the intervenor. Ross D. Boone, Esq., and Leahna M. Luke, 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 1.  Protest challenging evaluation of awardee’s corporate experience is dismissed where the protester’s allegations, which rely upon assumptions and characterizations concerning the solicitation that are not supported by those documents, do not establish a valid basis of protest. 2.  Protest challenging the agency’s evaluation of technical proposals is denied where the evaluation was reasonable and consistent with the solicitation. 3.  Protest challenging the agency’s cost realism evaluation of the protester’s proposal is denied where the record demonstrates the agency’s conclusions were reasonable. DECISION NTT Data Services Federal Government, LLC, of Herndon, Virginia, protests the issuance of a task order to American Systems Corporation (ASC), of Chantilly, Virginia, under request for proposals (RFP) No. 70B02C21R00000069, issued by the Department of Homeland Security (DHS), United States Customs and Border Protection (CBP), for independent verification and validation (IV&V) services.  NTT, which is the incumbent contractor for the requirement, argues that the agency’s evaluation of proposals and source selection decision were unreasonable. The protest is denied in part, and dismissed in part. DISCUSSION Using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, the agency issued the solicitation on May 5, 2021, to vendors holding contracts under the General Services Administration’s Alliant 2 indefinite-delivery, indefinite-quantity governmentwide acquisition contract.  Agency Report (AR), Tab 11, RFP at 4, 32.[1]  The RFP seeks IV&V services for the systems engineering division of CBP’s office of acquisition to verify and validate that all products and systems acquired for border control and security at and between United States ports of entry comply with CBP requirements and that program management is performed in an effective and efficient manner.  AR, Tab 5, Statement of Work (SOW) at 1.  The solicitation anticipated issuance of a cost-plus-fixed-fee task order for a base year with four 12-month options.  RFP at 5.  Award was to be made on a best-value tradeoff basis considering the following evaluation factors, in descending order of importance:  corporate experience, technical/management approach, small business utilization plan, and cost/price.  Id. at 36-37, 44.  The technical/management approach factor included three equally-weighted subtopics:  prior team experience, management and staffing plan, and technical understanding.  Id. at 41, 44.  The three non-price factors, when combined, were more important than cost/price.  Id. at 44.  The solicitation also provided, however, that between proposals of substantially equal technical merit, cost/price will become a more significant factor.  Id.  It also advised that the contracting officer or source selection authority “has the right to determine whether two or more technical proposals are ‘substantially equal’” or “whether any differences in technical weighing are ‘significant’ for purposes of evaluating the overall merits of proposals.”  Id.  The evaluation was to be conducted in two phases using an “advisory down-select” process.  Id. at 41-42.  In the first phase, proposals were to be evaluated under the first technical factor--corporate experience; following the phase one evaluation, the agency would issue an “advisory notification.”  Id. at 42.