Sky Solutions, LLC (75FCMC21Q0014)

B-421139.2,B-421139.3 Jun 30, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Sky Solutions LLC of Chantilly, Virginia, protests the establishment of a blanket purchase agreement (BPA) with iTech AG, LLC, of Arlington, Virginia, by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), under request for quotations (RFQ) No. 75FCMC21Q0014 for information technology (IT) services. Sky protests various aspects of the agency's evaluation and source selection decision. 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 been approved for public release. Decision Matter of: Sky Solutions, LLC File: B-421139.2; B-421139.3 Date: June 30, 2023 Robert Starling, Esq., Toghrul Shukurlu, Esq., and David B. Dixon, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Stephanie D. Wilson, Esq., and Rachael C. Haley, Esq., Berenzweig Leonard, LLP, for iTech AG, LLC, the intervenor. David A. Lank, Esq., and Kevin Misener, Esq., Department of Health and Human Services, for the agency. Hannah G. Barnes, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest arguing the agency conducted unequal discussions is denied where the agency engaged in exchanges with the awardee to allow the awardee to modify proposed labor categories in its quotation pursuant to a solicitation provision broadly permitting the agency to conduct exchanges with the best-suited vendor to address any remaining issues. 2. Protest challenging the agency’s post-corrective action evaluation as unreasonable for not reconciling the results of that evaluation with the results of an earlier evaluation is denied where there is generally no requirement that an agency reconcile a later evaluation with an earlier one and where the record demonstrates that this aspect of the reevaluation was reasonable and consistent with the terms of the solicitation. DECISION Sky Solutions LLC of Chantilly, Virginia, protests the establishment of a blanket purchase agreement (BPA) with iTech AG, LLC, of Arlington, Virginia, by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), under request for quotations (RFQ) No. 75FCMC21Q0014 for information technology (IT) services. Sky protests various aspects of the agency’s evaluation and source selection decision. We deny the protest. BACKGROUND On July 15, 2021, pursuant to Federal Acquisition Regulation (FAR) subpart 8.4, the agency issued the RFQ, seeking IT services to support Center for Clinical Standards and Quality ServiceNow[1] processes and services, using agile development iterations and methodology. Agency Report (AR), Tab 30, Performance Work Statement (PWS) at 3. The solicitation anticipates the establishment of a single BPA, with a base period of one year and two option years, under which fixed-price and time-and-materials task orders will be issued. AR, Tab 1, Solicitation Terms and Conditions at 1, 5.[2] The RFQ established a three-phase process. In phase one, the agency would consider one evaluation factor, federal helpdesk ServiceNow experience; vendors were required to demonstrate their prior experience under this factor. AR, Tab 57, RFQ at 9, 13. Vendors were advised that the agency would inform them of their likelihood of success based on the phase one evaluation results, and vendors were then required to notify the agency of their intent to participate in phase two. Id at 9. In phase two, the RFQ required vendors to provide a video, thirty minutes long at most, demonstrating one example of prior experience providing ServiceNow training for a federal customer. Id. at 13. The solicitation advised that the evaluation would focus on the content of the video, but that the audio, images, and text contained in the video must be reasonably clear. Id. As with phase one, the agency conducted a voluntary “down-select” after phase two. See Memorandum of Law (MOL) at 2 n.1. In phase three, vendors were required to respond to a technical challenge and submit a variety of remaining documents, including a business proposal, a conflict of interest submission, and an accessibility template pertaining to compliance with section 508[3] accessibility standards. RFQ at 13-17. The technical challenge consisted of a scenario detailing a hypothetical government project to which vendors would respond with a video.[4] Id. at 14. Of significance here, in submitting business proposals, each vendor was required to provide a crosswalk between certain labor categories required by the solicitation and the labor categories on the vendor’s General Services Administration (GSA) schedule contract. Id.