Next Phase Solutions and Services, Inc. (RFQ-CMS-2022-220829)

B-421165,B-421165.2 Dec 29, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Next Phase Solutions and Services, Inc., of Columbia, Maryland, protests the issuance of a task order by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), to Index Analytics, LLC, pursuant to request for quotations (RFQ) No. CMS-2022-220829, to modernize and migrate CMS's Open Payment System (OPS) to the cloud. Next Phase challenges the agency's evaluation of Index's and Next Phase's quotations based on the premise that the RFQ "neither required nor permitted offerors to propose a specific migration approach." Protester's Comments and Supp. Protest at 2. 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: Next Phase Solutions and Services, Inc. File: B-421165; B-421165.2 Date: December 29, 2022 Alexander B. Ginsberg, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the protester. Damien C. Specht, Esq., James A. Tucker, Esq., and Krista A. Nunez, Esq., Morrison & Foerster LLP, for Index Analytics, LLC, the intervenor. Ethan S. Chae, Esq., Department of Health and Human Services, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where solicitation sought quotations for modernization and migration of an agency information technology system to the cloud; included a statement of objectives (SOO) that, among other things, provided for post‑award analysis of alternative solutions; and stated that quotations should address all work to be performed under the SOO, the plain language of the solicitation is contrary to the protester’s assertion that the solicitation did not contemplate inclusion of alternative solution analysis in quotations and precluded the recommendation of a specific solution. DECISION Next Phase Solutions and Services, Inc., of Columbia, Maryland, protests the issuance of a task order by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), to Index Analytics, LLC, pursuant to request for quotations (RFQ) No. CMS-2022-220829, to modernize and migrate CMS’s Open Payment System (OPS) to the cloud.[1] Next Phase challenges the agency’s evaluation of Index’s and Next Phase’s quotations based on the premise that the RFQ “neither required nor permitted offerors to propose a specific migration approach.”[2] Protester’s Comments and Supp. Protest at 2. We deny the protest. BACKGROUND On June 30, 2022, pursuant to the procedures in Federal Acquisition Regulation (FAR) subpart 8.4, the agency issued the RFQ as a small business set‑aside to vendors holding multiple award schedule contracts with special item number 54151S, Information Technology (IT) Professional Services. RFQ at 1. The RFQ contemplated issuance of a single task order to “manage all aspects of [the] Open Payments System (OPS) and supporting services pertaining to the Open Payments Program (OPP),” and contained a statement of objectives (SOO) providing that the agency’s goal was the “modernization, operation and maintenance of the OPS to enable system transition to the cloud, flexible development of various features, and enable publication of data in various visualizations to ensure collected data is visible to and usable by the general public.”[3] Id. at 283-84. The solicitation provided that the source selection decision would be based on a best‑value tradeoff between the following evaluation factors: (1) relevant experience;[4] (2) performance work statement (PWS); (3) oral presentation; (4) section 508[5] product accessibility template; and (5) price.[6] RFQ at 258. In evaluating the non-price factors, the solicitation provided that the agency would assign confidence ratings (high confidence, some confidence, low confidence, or no confidence) under each factor.[7] Of relevance to this protest, the solicitation provided that, in responding to evaluation factor 2, PWS, “The Offeror shall present a clear and concise Performance Work Statement (PWS) that demonstrates their understanding and approach of all work to be performed related to the Statement of Objectives (SOO).” Id. at 264-65. The solicitation stated that “[t]he Government will evaluate the proposed PWS, including the staffing and management plan, to meet the objectives of the agency encompassing all of the tasks and requirements of the Statement of Objectives.” Id.