Veterans Management Services, Inc. (1282B122Q0011)
Case: B-421070
Agency: Department of Agriculture : Forest Service
Protester: Veterans Management Services, Inc.
Date: 2023-05-19
Granted
B-421070.3
May 19, 2023
Jump To
FULL REPORT
VIEW DECISION
RELATED PAGES
GAO CONTACTS
Highlights
Veterans Management Services, Inc., a small business of Sterling, Virginia, requests that we recommend the U.S. Department of Agriculture (USDA), Forest Service reimburse the firm its reasonable costs of pursuing its protest. Veterans Management challenged the agency's award of a contract to Stafford Consulting Company, Inc., a small business of McLean, Virginia, under request for quotations (RFQ) No. 1282B122Q0011. USDA issued the RFQ for acquisition support services. The protester primarily alleged that the agency unreasonably evaluated quotations, resulting in a flawed source selection decision that was inadequately documented.
We grant the request in part and deny 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: Veterans Management Services, Inc.--Costs
File: B-421070.3
Date: May 19, 2023
Gunjan R. Talati, Esq., and Jennifer L. Andrews, Esq., Kilpatrick Townsend & Stockton LLP, for the protester.
Adam Humphries, Esq., Department of Agriculture, for the agency.
Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
GAO recommends reimbursement of the costs of filing and pursuing challenges to the agency’s price evaluation of quotations pursuant to Federal Acquisition Regulation provision 52.222‑46 and source selection decision, where the evaluation challenges were either clearly meritorious, or intertwined with clearly meritorious grounds.
DECISION
Veterans Management Services, Inc., a small business of Sterling, Virginia, requests that we recommend the U.S. Department of Agriculture (USDA), Forest Service reimburse the firm its reasonable costs of pursuing its protest. Veterans Management challenged the agency’s award of a contract to Stafford Consulting Company, Inc., a small business of McLean, Virginia, under request for quotations (RFQ) No. 1282B122Q0011. USDA issued the RFQ for acquisition support services. The protester primarily alleged that the agency unreasonably evaluated quotations, resulting in a flawed source selection decision that was inadequately documented.
We grant the request in part and deny it in part.
BACKGROUND
USDA issued the RFQ on July 29, 2022, and set the procurement aside for service‑disabled veteran-owned small businesses, under the procedures of Federal Acquisition Regulation (FAR) subpart 8.4. The agency sought quotations for professional acquisition support services for the USDA Forest Service’s Special Project Operations Center. Agency Report (AR), Exh. 6, RFQ at 1, 13, 41.[1] The RFQ contemplated the award of one task order to a holder of the General Services Administration’s Multiple Award Schedule (MAS) contract with special item number 541611 (Professional Services--Business Administrative Services) for one base year and up to four 1-year options. Id. at 13.
The RFQ advised that a task order would be issued to the “responsible [o]fferor whose quote represent[ed] the best value to the Government, considering price and other factors.”[2] Id. at 15. Regarding the price evaluation, the RFQ included FAR provision 52.222-46, Evaluation of Compensation for Professional Employees. Id. at 22. This provision requires vendors to submit “total compensation plan[s] setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract,” and advises that the agency will evaluate the compensation plans to assure that they reflect “a sound management approach and understanding of the contract requirements.” FAR provision 52.222‑46(a).
The solicitation also identified three technical evaluation factors, listed here in descending order of importance: (1) technical approach/capability and prior relevant experience (go/no-go criteria); (2) management plan including capability of proposed key personnel; and (3) past performance. Id. at 16. The technical factors, when combined, were equal in importance to price. Id. The RFQ required vendors to submit quotations containing separate price and technical volumes. Id. at 16.
USDA received eight quotations by the August 22 deadline for receipt of quotations, including quotations from Veterans Management and Stafford. Contracting Officer’s Statement (COS) at 1. The evaluation team, consisting of three technical evaluators and a price analyst, evaluated the quotations received; as relevant here, the results of the evaluation were as follows:
Veterans Mgmt
Stafford
Total Evaluated Price
$41,781,264
$47,470,938
Fair and Reasonable Price
No
Yes
Technical Approach
Go
Go
Management Plan
Acceptable
Acceptable
Past Performance
Acceptable
Acceptable
AR, Exh.
Full decision text continues on ProtestIntel...