VCH Partners, LLC (47QTCB22R0007)

B-421230.5 Apr 17, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights VCH Partners, LLC (VCH), a mentor-protégé joint venture service-disabled veteran-owned small business (SDVOSB) of Denver, Colorado, protests the terms and conditions of General Services Administration (GSA) request for proposals (RFP) No. 47QTCB22R0007, for the SDVOSB pool of the governmentwide acquisition contract (GWAC) called Polaris, to provide customized information technology (IT) services and services-based solutions. The protester argues that a solicitation amendment, issued by GSA in response to a prior protest before the U.S. Court of Federal Claims (COFC), unreasonably limits proposal revisions. We deny the protest. View Decision Decision Matter of: VCH Partners, LLC File: B-421230.5 Date: April 17, 2024 Jon D. Levin, Esq., Maynard Nexsen, P.C., for the protester. Carmody G. Daman, Esq., and Barbara B. Ayala, Esq., General Services Administration, for the agency. Kyle E. Gilbertson, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest is denied where record shows that agency’s action in amending the solicitation to address errors found in a prior protest was reasonable. DECISION VCH Partners, LLC (VCH), a mentor-protégé joint venture[1] service-disabled veteran-owned small business (SDVOSB) of Denver, Colorado, protests the terms and conditions of General Services Administration (GSA) request for proposals (RFP) No. 47QTCB22R0007, for the SDVOSB pool of the governmentwide acquisition contract (GWAC) called Polaris, to provide customized information technology (IT) services and services-based solutions. The protester argues that a solicitation amendment, issued by GSA in response to a prior protest before the U.S. Court of Federal Claims (COFC), unreasonably limits proposal revisions. We deny the protest. BACKGROUND On September 15, 2022, GSA issued this RFP as a total set-aside for the Polaris SDVOSB pool[2] pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 19.14. Contracting Officer’s Statement (COS) at 2. The Polaris GWAC seeks to provide participating government agencies with access to highly qualified IT contractors. MOL at 1. The RFP contemplates the award of multiple indefinite-delivery, indefinite-quantity (IDIQ) contracts to provide customized IT services and services-based solutions. Agency Report (AR), Tab 6, RFP at 3.[3] Under individual task orders, contractors will be required to provide all management, supervision, labor, facilities, and materials necessary to furnish the requested IT services. Id. The RFP anticipates a 10-year IDIQ contract ordering period, consisting of a 5-year base period and a single 5-year option period. Id. at 19. The solicitation advises that GSA intends to make award to the 70 offerors that are the highest technically rated with fair and reasonable pricing, with any offerors tied at the 70th position receiving an award. Id. at 98. The agency’s source selection will be based on the offerors’ self-scoring, using an agency-provided scoring table. Id. at 102‑04. This scoring table allows offerors to claim points based on specified categories related to: (1) relevant experience; (2) past performance; (3) systems, certifications, and clearances; and (4) organizational risk. Id. The table provides for a maximum total of 95,000 possible points for all categories. Id. at 104. The RFP explains that GSA will begin its evaluation by initially ranking the proposals by highest total claimed self-score. Id. at 99. Then, the agency will: screen proposals to confirm that the offeror has submitted supporting documentation for all applicable evaluation elements; validate the offeror’s supporting documentation and claimed points under each evaluation element; and check for fair and reasonable pricing. Id. This process will continue until the agency identifies 70 awardees. Id. As amended, the RFP established November 18, 2022, as the proposal due date. COS at 2. Approximately [DELETED] offerors submitted proposals in response to the solicitation. Id. at 3. On October 7, prior to the deadline for proposal submission, VCH and another plaintiff, SH Synergy, LLC, protested to the COFC, challenging the terms and conditions of the Polaris solicitation’s SB, WOSB, and SDVOSB pools. COS at 2; SH Synergy, LLC and VCH Partners, LLC v. United States, 165 Fed. Cl. 745, 750 (Fed. Cl. 2023). The court granted the protests, in part, and enjoined GSA from evaluating proposals and awarding IDIQ contracts under the current versions of the relevant Polaris solicitations. Id. at 786. The COFC held that should GSA “wish to proceed with the procurement, GSA may do so provided it amends the SB, WOSB, and SDVOSB Pool Solicitations in compliance and consistent” with the court’s decision.