VivSoft Technologies, LLC (75FCMC21Q0013)

B-421561.10 Oct 10, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Skyward IT Solutions, LLC, a small business located in Gaithersburg, Maryland, protests the scope of the agency's corrective action concerning request for quotations (RFQ) No. 75FCMC21Q0013, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), for the establishment of multiple blanket purchase agreements (BPAs) for agile collaboration and modernization endeavors. Skyward argues that the agency's corrective action fails to identify the flaws in the procurement process that the corrective action is intended to remedy. The protester also asserts that the corrective action is insufficient to address the issues raised in Skyward's prior protest. 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: Skyward IT Solutions, LLC File: B-421561.10 Date: October 10, 2023 David B. Dixon, Esq., Robert C. Starling, Esq., Toghrul M. Shukurlu, Esq., and Aleksey R. Dabbs, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Pamela R. Waldron, Esq., and Krystal Jordan, Esq., Department of Health and Human Services, 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 the scope of an agency’s proposed corrective action in response to several earlier protests is denied where the corrective action is reasonable in light of the flaws the agency believes exist in the procurement. DECISION Skyward IT Solutions, LLC, a small business located in Gaithersburg, Maryland, protests the scope of the agency’s corrective action concerning request for quotations (RFQ) No. 75FCMC21Q0013, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), for the establishment of multiple blanket purchase agreements (BPAs) for agile collaboration and modernization endeavors. Skyward argues that the agency’s corrective action fails to identify the flaws in the procurement process that the corrective action is intended to remedy. The protester also asserts that the corrective action is insufficient to address the issues raised in Skyward’s prior protest. We deny the protest. BACKGROUND On June 21, 2021, the agency issued the RFQ to vendors holding contracts under General Services Administration Multiple Award Schedule special item number (SIN) 54151S, for information technology professional services, using the procedures of Federal Acquisition Regulation (FAR) subpart 8.4. Agency Report (AR), Tab 4A, RFQ at 1, 3.[1] The solicitation was set aside for small businesses and anticipated the establishment of multiple blanket purchase BPAs contemplating the issuance of fixed‑priced, time-and-material, and labor-hour call orders.[2] Id. at 1. Award was to be made on a best-value tradeoff basis, considering design demonstration; development, security, and operations (DevSecOps) case study; technical challenge; corporate capabilities; and price.[3] RFQ at 21. As relevant here, the RFQ provided that once the agency identified “the best-suited [vendors] (i.e., the apparent successful contractors),” the agency may “communicate with only those contractors to address any remaining issues,” including “technical and price.” RFQ at 6. The contracting officer, who was also the source selection authority, conducted a comparative assessment of the quotations and performed a best-value tradeoff, finding that there were eight quotations that provided the best value to the government. AR, Tab 21A, Source Selection Memo at 2-3. Consistent with the terms of the solicitation, which provided that after the agency had selected the apparent successful contractors, it could engage in communications solely with those firms to address any remaining issues, the agency held exchanges and received quotation revisions from the eight vendors identified as the “best-suited.” COS at 2; AR, Tab 17A, RFQ amend. 008 at 30. The agency’s exchanges were limited to two issues: section 508 compliance, which the RFQ provided was to be evaluated only for the proposed awardees; and concerns regarding labor category mapping that the agency identified during a labor category mapping exercise it performed on the quotations of the eight apparent successful vendors after completion of the best-value tradeoff. AR, Tab 21A, Source Selection Memo at 3; COS at 2. After considering the quotation revisions submitted by the eight apparent successful contractors, the contracting officer confirmed his selection decision that these eight vendors provided the best value to the government.