Piton Science and Technology, LLC (RFP-5000153993)
Case: B-421473.5
Agency: Department of the Treasury : Internal Revenue Service
Protester: Piton Science and Technology, LLC
Date: 2024-02-28
Denied
B-421473.5
Feb 28, 2024
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Highlights
Piton Science and Technology, LLC, a service-disabled veteran-owned small business of Oakton, Virginia, protests the issuance of a task order to Parker Tide Corporation, of Washington, D.C., under request for proposals (RFP) No. 5000153993, issued by the Department of the Treasury, Internal Revenue Service (IRS), to provide program support services for the IRS. Piton alleges that the agency unreasonably evaluated the protester's proposal and failed to conduct a valid price realism analysis.
We deny the protest.
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Decision
Matter of: Piton Science and Technology, LLC
File: B-421473.5
Date: February 28, 2024
William S. Murphy, Jr., for the protester.
William A. Shook, Esq., The Law Offices of William A. Shook PLLC, for Parker Tide Corporation, the intervenor.
Nicholas A. Richardi, Esq., Justin M. Wakefield, Esq., and Richard L. Hatfield, Esq., Department of the Treasury, for the agency.
Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest that the agency unreasonably evaluated protester’s proposal is denied where the evaluation is consistent with the solicitation and procurement law and regulation.
DECISION
Piton Science and Technology, LLC, a service-disabled veteran-owned small business of Oakton, Virginia, protests the issuance of a task order to Parker Tide Corporation, of Washington, D.C., under request for proposals (RFP) No. 5000153993, issued by the Department of the Treasury, Internal Revenue Service (IRS), to provide program support services for the IRS. Piton alleges that the agency unreasonably evaluated the protester’s proposal and failed to conduct a valid price realism analysis.
We deny the protest.
BACKGROUND
On June 6, 2023, the IRS issued the RFP under the fair opportunity procedures of Federal Acquisition Regulation (FAR) subpart 16.5, seeking proposals from contractors holding General Services Administration Human Capital and Training Solutions (HCaTS) small business pool 2 indefinite-delivery, indefinite-quantity (IDIQ) contracts. Agency Report (AR), Tab D.1, Conformed RFP at 1. The IRS sought to issue a single fixed-price task order to a contractor that would support program management tasks and perform federal background investigation support services. Id.; AR, Tab D.5, RFP amend. 0004, attach. B, Performance Work Statement (PWS) at 2-4. The task order would have a 1-year period of performance with four 1-year option periods. RFP at 2. Award would be made to the offeror whose proposal represented the best value to the agency, considering the following factors: technical capability, prior demonstrated experience, management approach, and price. RFP at 58‑60. The solicitation advised offerors that “technical and price are equally important.” Id. at 58.
Under the technical capabilities factor, offerors were to describe their “proposed methodology and personnel assumptions,” showing “a direct relationship between the approach and meeting the identified requirements listed in the PWS.” RFP at 58. The evaluation of proposals under the technical capabilities factor is not at issue in this protest.
Under the prior demonstrated experience factor, offerors were required to identify three previous or current contracts that were most similar in size, scope, and complexity to the current requirement. Id. The RFP defined “similar” as “contracts comparable in terms of such factors as duration, staffing of at least 150 contractor personnel cumulatively and simultaneously, and PWS requirements.” Id. Proposals were to include a cross reference between the contract references and the PWS requirements. Id. Specifically, the RFP required offerors to demonstrate experience conducting prescreening and adjudication tasks similar to those in the PWS. Id. The agency would “assess the degree to which the Offeror’s demonstrated experience (within the last five (5) years) is relevant to the requirements of the solicitation based on similarity in size, complexity and scope.” Id. Proposals that did not include three contract references and that did not illustrate how those three references were “similar and relevant to the requirements of this RFP” would be evaluated as not meeting the requirement. Id.
Under the management approach factor, offerors were required to identify how they would provide adequate, suitable, and qualified personnel with the skills necessary to perform the requirements of the PWS. Id. Key personnel were a component of this factor. Id. at 59. The offeror was to demonstrate the ability to offer qualified personnel by providing resumes for the key personnel, and those resumes were to include the proposed employee’s educational background and a work history demonstrating that the employee possessed the minimum years of experience. Id.
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