GOVCIO, LLC (36C10D22Q0026)

B-421290.6,B-421290.7,B-421290.8 Sep 11, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights GovCIO, LLC, of Fairfax, Virginia, protests the issuance of a task order to General Dynamics Information Technology, Inc. (GDIT), of Falls Church, Virginia, by the Department of Veterans Affairs (VA), under request for task order response (RTOR) No. 36C10D22Q0026, issued for file conversion services for the Veterans Benefit Administration (VBA). The protester raises multiple challenges to the agency's evaluation of proposals and the selection decision, and further contends that the agency should have found GDIT to be nonresponsible. We sustain the protest in part and deny it in part. View Decision Decision Matter of: GOVCIO, LLC File: B-421290.6; B-421290.7; B-421290.8 Date: September 11, 2024 James Y. Boland, Esq., Kyle T. McCollum, Esq., Lindsay M. Reed, Esq., and Kelly M. Boppe, Esq., Venable LLP, and Frank DiNicola, Esq., Winston & Strawn LLP, for the protester. Noah B. Bleicher, Esq., Moshe B. Broder, Esq., Aime J. Joo, Esq., Andrew L. Balland,a Information Technology, Inc., the intervenor. John C. Huebl, Esq., and Alexander Jonathan Brittin Jr., Esq., Department of Veterans Affairs, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s assessment of a significant strength based on awardee’s capability to exceed requirements is sustained where the record shows that the evaluation finding was based onan erroneously inflated understanding of the awardee’s ability to exceed the government’s requirements. 2. Protest challenging agency’s evaluation of the protester’s past performance is denied where the evaluation was reasonable and consistent with the terms of the solicitation. 3. that agency failed to conduct meaningful discussions and engaged in unequal discussions is denied where the record shows that the agency reasonably tailored discussions to identify weaknesses in proposals and other areas where the proposals could be materially enhanced; an agency is not required to advise in discussions that an offeror’s past performance received a rating of neutral. 4. Protest that agency should have found awardee nonresponsible is dismissed where the task order solicitation did not include a requirement that the agency determine responsibility and there is no other requirement that an agency determine responsibility prior to issuing a task order when a responsibility determination was made at the time of award of the indefinite-delivery indefinite-quantity contract. DECISION GovCIO, LLC, of Fairfax, Virginia, protests the issuance of a task order to General Dynamics Information Technology, Inc. (GDIT), of Falls Church, Virginia, by the Department of Veterans Affairs (VA), under request for task order response (RTOR) No. 36C10D22Q0026, issued for file conversion services for the Veterans Benefit Administration (VBA). The protester raises multiple challenges to the agency’s evaluation of proposals and the selection decision, and further contends that the agency should have found GDIT to be nonresponsible. We sustain the protest in part and deny it in part. BACKGROUND In this procurement, the VA seeks to acquire file conversion services for the VBA to improve the veterans benefits and claims processes. Agency Report (AR), Tab 4, RTOR at 1061-1062.[1] This protest challenges the fourth and most recent award decision for this task order. Previously, our Office sustained a protest filed by GDIT of the agency’s issuance of a task order to GovCIO. General Dynamics Info. Tech., Inc., B-421290, B-421290.2, Mar. 1, 2023, 2023 CPD ¶ 60. Thereafter, the agency twice selected GDIT to perform the task order, but in both instances took corrective action in response to protests filed by GovCIO, rendering those protests academic. GovCIO, LLC, B-421290.3, Aug. 30, 2023 (unpublished decision); GovCIO, LLC, B-421290.4, B-421290.5, Jan. 26, 2024 (unpublished decision). The agency issued the RTOR on September 20, 2022, using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, to holders of VA’s Veterans Intake, Conversion, and Communication Services (VICCS) indefinite-delivery, indefinite-quantity (IDIQ) contracts. Contracting Officer’s Statement (COS) at 1-2.[2] The RTOR requires that the contractor “extract, receive, control, and convert source material” from veterans’ personnel records, service treatment records, and benefit claim files “to standardized, indexed, and searchable” electronic files in PDF form. RTOR at 1064-1065.