Chags Health Information Technology, LLC (75FCMC22R0017)

B-420940.3,B-420940.4,B-420940.5,B-420940.6 Dec 14, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Chags Health Information Technology, LLC (Chags), a small business of Columbia, Maryland, protests the issuance of a task order to Sparksoft Corporation (Sparksoft), a small business of Catonsville, Maryland, under task order request for proposals (TORP) No. 75FCMC22R0017, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) for enterprise portal services (EPS). The protester challenges the agency's evaluation of proposals under the nonprice factors, the best-value tradeoff decision, and the agency's determination that the protester improperly took exception to a material TORP term. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has now been approved for public release. Decision Matter of: Chags Health Information Technology, LLC File: B-420940.3, B-420940.4, B-420940.5, B-420940.6 Date: December 14, 2022 Daniel J. Strouse, Esq., and John J. O’Brien, Esq., Cordatis LLP, for the protester. Elizabeth Jochum, Esq., Amanda DeLaPerriere, Esq., and David Bodner, Esq., Blank Rome LLP, for Sparksoft Corporation, the intervenor. Pamela Waldron, Esq., Department of Health and Human Services, for the agency. Michelle E. Litteken, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s evaluation of proposals under nonprice factors is denied where the record shows that the agency’s evaluation was reasonable and consistent with the terms of the solicitation. 2. Protest challenging the agency’s best-value tradeoff decision is denied where the record shows that the agency’s award decision was reasonable and consistent with the terms of the solicitation. DECISION Chags Health Information Technology, LLC (Chags), a small business of Columbia, Maryland, protests the issuance of a task order to Sparksoft Corporation (Sparksoft), a small business of Catonsville, Maryland, under task order request for proposals (TORP) No. 75FCMC22R0017, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) for enterprise portal services (EPS). The protester challenges the agency’s evaluation of proposals under the nonprice factors, the best-value tradeoff decision, and the agency’s determination that the protester improperly took exception to a material TORP term. We deny the protest. BACKGROUND On April 13, 2022, the agency issued the TORP to contract holders of its Strategic Partners Acquisition Readiness Contract (SPARC), indefinite-delivery, indefinite-quantity (IDIQ) contract. Agency Report (AR) Exh. 1, Email from Agency to SPARC Holders at 1. The TORP sought a contractor to support EPS,[1] including agile transformation services; operations and maintenance; system monitoring and system “up-time” services; Amazon Web Services configuration and maintenance; development, security, and operations (DevSecOps); testing; and human-centered design. AR, Exh. 18A, Performance Work Statement (PWS) at 6.[2] The TORP contemplated a fixed-price task order with a 1-year base period and four 1-year option periods. AR, Exh. 2B, Instructions and Evaluation Criteria at 2-3. The TORP described a two-phase evaluation approach with the following nonprice evaluation factors: (1) corporate experience, (2) oral presentation/technical demonstration, and (3) section 508[3] compliance/voluntary product accessibility template (VPAT). AR, Exh. 2B, Instruction and Evaluation Criteria at 5-8. In phase one, CMS would evaluate the corporate experience factor, for which offerors were to submit no more than three corporate experience examples. Id. at 5-6. After evaluating the phase one proposals, the agency would inform each offeror whether the agency viewed the offeror as a viable competitor, and all offerors would have the option to submit a phase two proposal.[4] Id. at 2. The TORP stated that the award decision would be based on a best-value tradeoff. AR, Exh. 2B, Instructions and Evaluation Criteria at 9. The nonprice factors, when combined, were significantly more important than cost or price, and the corporate experience factor was significantly more important than the oral presentation/technical demonstration factor. Id. at 9-10. CMS would consider the phase one and phase two proposal submissions when making the award decision. Id. at 9. If proposals were found to be technically equal, price would become a major consideration in the award decision. Id. CMS received phase one proposals from six offerors before the May 20, 2022, submission deadline. COS at 2; see also AR, Exh. 4, Phase One Offerors.