New Generation Solution, LLC (70FA3122Q00000040)

B-421447 May 11, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights New Generation Solution, LLC, a small business of Huntsville, Alabama (NewGen), protests the issuance of a task order to NiyamIT, Inc., a small business of Leesburg, Virginia (Niyam), under request for quotations (RFQ) No. 70FA3122Q00000040, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for information technology (IT) services. The protester challenges the reasonableness of the agency's evaluation of its technical quotation and the best-value tradeoff analysis. 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: New Generation Solution, LLC File: B-421447 Date: May 11, 2023 W. Brad English, Esq., Jon D. Levin, Esq., Emily J. Chancey, Esq., Nicholas P. Greer, Esq., and Mary Ann Hanke, Esq., Maynard Nexsen, P.C., for the protester. Gregory R. Hallmark, Esq., Kelsey M. Hayes, Esq., and Danielle R. Rich, Esq., Holland & Knight LLP, for NiyamIT, Inc., the intervenor. Anthony Juzaitis, Esq., and Keri Borzilleri, Esq., Department of Homeland Security, for the agency. Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s technical evaluation is denied where the agency evaluated the quotations in accordance with the terms of the solicitation. DECISION New Generation Solution, LLC, a small business of Huntsville, Alabama (NewGen), protests the issuance of a task order to NiyamIT, Inc., a small business of Leesburg, Virginia (Niyam), under request for quotations (RFQ) No. 70FA3122Q00000040, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for information technology (IT) services. The protester challenges the reasonableness of the agency’s evaluation of its technical quotation and the best-value tradeoff analysis. We deny the protest. BACKGROUND Using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, FEMA issued the solicitation on October 25, 2022, to small businesses holding contracts under the General Services Administration’s 8(a) STARS III governmentwide acquisition contract. Agency Report (AR), Tab G, RFQ at 1.[1] The RFQ contemplates the issuance of a single fixed-price task order to be performed over a 12-month base period with one 12-month option. Id. at 2. The RFQ seeks IT services for the continued implementation and enhancement of the enterprise‑wide Federal Insurance Customer Relationship Management (FICRM) Tool Salesforce platform and establishment of management system services and support for components in the Federal Insurance and Mitigation Administration (FIMA).[2] The solicitation provided for award to the firm whose quotation provided the best value as evaluated under the following four factors, listed in descending order of importance: technical approach, corporate experience, staffing and management plan, and price. RFQ at 31-33. When combined, the non-price factors were significantly more important than price. Id. at 32. The solicitation also provided that the agency may “award to a higher priced [vendor] for a more technically superior solution,” and, as such, the agency “may award to other than the lowest priced [vendor] or other than the [vendor] with the highest technically rated quote.” Id. FEMA received timely submitted quotations from eight vendors, including NewGen and Niyam. AR, Tab R, Award Decision Memo at 7. After evaluating quotations, the agency assigned NewGen’s and Niyam’s quotations the following ratings:[3]   NEW GENERATION NIYAM Technical Approach Low Confidence High Confidence Corporate Experience Moderate Confidence High Confidence Staffing & management Plan Low Confidence High Confidence Price $13,931,928 $18,519,168   AR, Tab R, Award Decision Memo at 7. The agency found that Niyam’s technical quotation was superior to NewGen’s. Id. at 14. The agency concluded that the technical superiority of Niyam’s quotation warranted paying a higher price, and thus, that Niyam’s quotation represented the best value to the government. Id. On January 24, 2023, the agency notified NewGen that its quotation had not been selected for award. AR, Tab S, Award Notice. After requesting and receiving a debriefing that same day, NewGen filed this protest with our Office.[4] AR, Tab T, Debrief Letter. DISCUSSION NewGen challenges the agency’s evaluation of its technical quotation and the agency’s best-value tradeoff and award decision. In particular, the protester maintains that FEMA unreasonably assigned negative findings to its quotation under all three evaluation factors.