AT&T Corporation (70US0921R70090054)

B-421195,B-421195.2 Jan 17, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights AT&T Corporation, of Oakton, Virginia, protests the issuance of a task order to Lumen Technologies Government Solutions, Inc., of Herndon, Virginia, under fair opportunity request for proposals (RFP) No. 70US0921R70090054, issued by the Department of Homeland Security (DHS), United States Secret Service, for virtual private networks, and internet protocol service networks and non-Washington D.C. voice services. The protester argues that the agency's evaluation of offerors' task order proposals and resulting award decision were improper. We sustain 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: AT&T Corporation File: B-421195; B-421195.2 Date: January 17, 2023 Jonathan M. Baker, Esq., Daniel R. Forman, Esq., Per D. Midboe, Esq., and David H. Favre III, Esq., Crowell & Moring LLP, for the protester. Shelly L. Ewald, Esq., Andrew L. Balland, Esq., and Jordan A. Hutcheson, Esq., Watt, Tieder, Hoffar & Fitzgerald, LLP, for Lumen Technologies Government Solutions, Inc., the intervenor. Michael Noyes, Esq., Jessica Chen, Esq., and Paulina Valanty, Esq., Department of Homeland Security, for the agency. Katherine I. Riback, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging source selection authority’s rationale for removing 33 strengths assigned by lower-level evaluators is sustained where the rationale is not meaningfully explained in the contemporaneous record. DECISION AT&T Corporation, of Oakton, Virginia, protests the issuance of a task order to Lumen Technologies Government Solutions, Inc., of Herndon, Virginia, under fair opportunity request for proposals (RFP) No. 70US0921R70090054, issued by the Department of Homeland Security (DHS), United States Secret Service, for virtual private networks, and internet protocol service networks and non-Washington D.C. voice services. The protester argues that the agency’s evaluation of offerors’ task order proposals and resulting award decision were improper. We sustain the protest. BACKGROUND The solicitation was issued on June 28, 2021, by the Secret Service to transition the agency’s telecommunications and information technology services to provide critical support for its facilities. Agency Report (AR), Tab 2, RFP at 151.[1] The RFP was issued to holders of General Services Administration (GSA) Enterprise Infrastructure Solutions (EIS) governmentwide acquisition contracts, pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 16.5.[2] Id. at 211.[3] The solicitation contemplated the issuance of three task orders, on a fixed-price basis with economic price adjustments, with a 1-year base period and ten 1‑year options. Id. at 148 and 190.[4] This protest concerns the issuance of the first task order for virtual private network service and internet protocol service networks and non‑Washington D.C. voice services. AR, Tab 5, Contracting Officer Statement (COS) at 862. The solicitation stated that the agency would evaluate each task order using a separate best-value decision. RFP at 211. The RFP established that the best-value tradeoff would be based on four technical factors of equal importance: performance management; technical approach; transition approach and past performance. Id. at 212.[5] The non‑price factors, when combined, were significantly more important than price. Id. at 211. The solicitation also provided that, as technical evaluations converge, price may become the deciding factor in the award. Id. The agency received five proposals for the first task order, including proposals from AT&T, the incumbent, and Lumen. COS at 864. The agency evaluated the proposals of AT&T and Lumen as follows:   Performance Management Factor Technical Approach Factor Transition Approach Factor Past Performance Factor Total Evaluated Price AT&T Good Good Satisfactory Superior $36,838,243 Lumen Satisfactory Satisfactory Satisfactory Satisfactory $28,607,930   AR, Tab 10, Source Selection Decision (SSD) at 1038. The agency’s technical evaluation team (TET) prepared its technical evaluation report, in which it assigned AT&T’s proposal a total of 42 strengths across the various factors. AR, Tab 3, Technical Evaluation Report at 6-15. The technical evaluation report was submitted for review to the contracting officer, who was also the source selection authority (SSA). The SSA reviewed the evaluators’ findings, and completed an independent review of the proposals.