Cellebrite Inc. (70US0921R70090039)

B-420371.2 Apr 28, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Cellebrite, Inc., of Parsippany, New Jersey, protests the actions of the Department of Homeland Security (DHS), United States Secret Service (USSS), in its implementation of corrective action in response to Cellebrite's prior protest with our Office. Cellebrite's prior protest challenged the award of a contract to KACE Company, LLC, of Ashburn, Virginia, under request for proposals (RFP) No. 70US0921R70090039, for instructional services for the USSS. Cellebrite alleges that the limitations imposed on the scope of the final proposal revisions (FPRs) as part of the agency's corrective action are unreasonable and reflect an unfair agency bias in favor of KACE. 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: Cellebrite Inc. File: B-420371.2 Date: April 28, 2022 Aron C. Beezley, Esq., Patrick R. Quigley, Esq., Lisa A. Markman, Esq., and Nathaniel J. Greeson, Esq., Bradley Arant Boult Cummings LLP, for the protester. Paulina Valanty, Esq., and Jessica Chen, Esq., Department of Homeland Security, for the agency. Katherine I. Riback, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency decision to limit corrective action is unobjectionable where the corrective action is adequate to remedy the procurement improprieties at issue. DECISION Cellebrite, Inc., of Parsippany, New Jersey, protests the actions of the Department of Homeland Security (DHS), United States Secret Service (USSS), in its implementation of corrective action in response to Cellebrite’s prior protest with our Office. Cellebrite’s prior protest challenged the award of a contract to KACE Company, LLC, of Ashburn, Virginia, under request for proposals (RFP) No. 70US0921R70090039, for instructional services for the USSS. Cellebrite alleges that the limitations imposed on the scope of the final proposal revisions (FPRs) as part of the agency’s corrective action are unreasonable and reflect an unfair agency bias in favor of KACE. We deny the protest. BACKGROUND The RFP, issued on July 6, 2021, for instructional services contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity (IDIQ) contract. Agency Report (AR), Tab 4, RFP at 274.[1] The solicitation provided that the agency would make award on a best‑value tradeoff basis utilizing the following evaluation factors and subfactors: Factor 1 - Program Manager and Instructor Experience Subfactor 1 - Personnel Qualifications and Experience Subfactor 2 - Evidence of Personnel Availability Factor 2 - Corporate Experience Factor 3 - Management and Staffing Approach Factor 4 - Curriculum Demonstration Factor 5 - Price Id. at 309. The solicitation provided for a two-phase evaluation process. In phase I the agency would determine a proposal’s viability based on an evaluation of the following factors: program manager and instructor experience, corporate experience, and management and staffing approach. After evaluation of the phase I proposals, the agency would establish a competitive range of the most highly rated proposals. Id. at 312. In phase II, the agency would then evaluate the competitive range proposals under the curriculum demonstration factor and price, and select the best-value offeror. Id. at 312-313. On August 2, the agency received four phase I proposals, including proposals from Cellebrite and KACE. AR, Tab 2, Contracting Officer Statement (COS) at 100. After reviewing proposals, the agency established a competitive range that included only the proposals of Cellebrite and KACE. Id. at 101. The agency then conducted discussions, referred to as exchanges, with both offerors. At the conclusion of phase II discussions, the competitive range offerors were given the opportunity to submit a complete final revised proposal (technical and price). The proposals of KACE and Cellebrite were evaluated as follows:   KACE Cellebrite Program Manager and Instructor Experience High High Corporate Experience High High Management and Staffing Approach High High Curriculum Demonstration High Some Price (Total Evaluated Price) $39,932,474 $50,130,649   AR, Tab 6, Unsuccessful Offeror Notice at 320; AR, Tab 10, Agency Price Analysis Memorandum at 587. Based on this evaluation, the agency determined that KACE’s proposal provided the best overall value to the government. COS at 103. On November 9, the agency awarded the contract to KACE. Id. On November 19, Cellebrite filed a protest of the award to KACE, which our Office docketed as B‑420371.1. On December 29, the agency took corrective action by rescinding the award to KACE, and issuing amendment No. 5.