Skyward IT Solutions, LLC (RFQ-CMS-2022-220723)

B-421105.2 Apr 27, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Skyward IT Solutions, LLC (Skyward), a small business located in Gaithersburg, Maryland, protests the issuance of a task order to eSimplicity, Inc., a small business located in Silver Spring, Maryland, under request for quotations (RFQ) No. CMS-2022-220723, issued by the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), for professional information technology (IT) design, development, and implementation services. The protester alleges that the awardee had an unfair competitive advantage stemming from its engagement of a former agency official as a consultant to assist in preparing its quotation. Skyward also challenges various aspects of the agency's evaluation and best-value determination as unreasonable. 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: Skyward IT Solutions, LLC File: B‑421105.2 Date: April 27, 2023 David B. Dixon, Esq., Robert C. Starling, Esq., Toghrul M. Shukurlu, Esq., and Aleksey R. Dabbs, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Pamela R. Waldron, Esq., and Kevin Misener, Esq., Department of Health and Human Services, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall‑McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the awardee had an unfair competitive advantage and a disqualifying organizational conflict of interest based on a consulting agreement with a former government official is denied where the record does not support the allegation. 2. Protest challenging the agency’s failure to evaluate the awardee’s professional compensation plan for realism in accordance with Federal Acquisition Regulation (FAR) provision 52.222‑46 is denied where the protester cannot show competitive prejudice from the agency’s improper omission of FAR provision 52.222‑46 from the solicitation, where the solicitation did not otherwise require firms to submit compensation plans, and where no firms submitted compensation plan information. 3. Protest arguing that the agency should have performed a price realism analysis is denied when the agency was not required, nor permitted, to perform a price realism evaluation where the solicitation did not provide for that assessment. 4. Protest challenging exchanges conducted solely with the awardee as unreasonable is denied where the exchanges were conducted in accordance with the terms of the solicitation. DECISION Skyward IT Solutions, LLC (Skyward), a small business located in Gaithersburg, Maryland, protests the issuance of a task order to eSimplicity, Inc., a small business located in Silver Spring, Maryland, under request for quotations (RFQ) No. CMS‑2022‑220723, issued by the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), for professional information technology (IT) design, development, and implementation services. The protester alleges that the awardee had an unfair competitive advantage stemming from its engagement of a former agency official as a consultant to assist in preparing its quotation. Skyward also challenges various aspects of the agency’s evaluation and best-value determination as unreasonable. We deny the protest. BACKGROUND The RFQ, which was issued to vendors holding contracts under General Services Administration (GSA) Multiple Award Schedule (MAS) special item number (SIN) 54151S, for IT professional services, seeks a contractor to “to lead the product development, security, operations, data analysis, and technical assistance for the Transformed Medicaid Statistical Information System (T‑MSIS).”[1] Agency Report (AR), Tab 2A, Revised Statement of Objectives (SOO) at 11; AR, Tab 3, RFQ amend. 2 at 1.[2] T‑MSIS is “a data ingestion and reporting tool that collects Medicaid and Children’s Health Insurance Program (CHIP) data from U.S. states, territories and the District of Columbia, into the largest national resource of beneficiary information.” AR, Tab 2A, Revised SOO at 5. The solicitation contemplated issuance of a single time‑and‑materials task order for a 1‑year base period, three option years, and a 3‑month transition‑out period. AR, Tab 3, RFQ amend. 2 at 1, 25‑27. The solicitation advised vendors that the task order would be issued on a “fair opportunity basis pursuant to the Federal Acquisition Regulation (FAR) 8.405‑3 ordering procedures, the applicable terms and conditions of the [GSA MAS SIN 54151S contract] . . ., and the specific requirements of this RFQ.” Id. at 1. The solicitation contemplated that the agency would issue the task order to the “best‑value contractor” without engaging in exchanges with the vendors. Id. at 4.