A Square Group, LLC (RFQ-230314)

B-421792.5 Apr 11, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights A Square Group, LLC (ASG), a small business of Rockville, Maryland, protests the issuance of a task order to Cogent People Inc. (Cogent), a small business of Columbia, Maryland, under request for quotations (RFQ) No. 230314, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) for health insurance marketplace and financial management operational analytics. The protester challenges the agency's evaluation of Cogent's quotation and best-suited vendor determination, as well as CMS's conduct of exchanges. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of: A Square Group, LLC File: B-421792.5 Date: April 11, 2025 David B. Dixon, Esq., Toghrul M. Shukurlu, Esq., and Aleksey Dabbs, Esq., Pillsbury Winthrop Shaw Pittman LLP, for the protester. Elizabeth N. Jochum, Esq., David Bodner, Esq., Samarth Barot, Esq., Blank Rome LLP, for Cogent People, Inc., the intervenor. Damon A. Brown, Esq., Department of Health and Human Services, for the agency. Michelle Litteken, Esq., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s evaluation of the awardee’s quotation and selection of the awardee as the best-suited vendor is denied where the evaluation and best-suited vendor determination were reasonable and consistent with the terms of the solicitation. 2. Protest alleging exchanges conducted solely with the awardee were unreasonable and unfair is denied where the exchanges were conducted in accordance with the terms of the solicitation. DECISION A Square Group, LLC (ASG), a small business of Rockville, Maryland, protests the issuance of a task order to Cogent People Inc. (Cogent), a small business of Columbia, Maryland, under request for quotations (RFQ) No. 230314, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) for health insurance marketplace and financial management operational analytics. The protester challenges the agency’s evaluation of Cogent’s quotation and best-suited vendor determination, as well as CMS’s conduct of exchanges. We deny the protest. BACKGROUND CMS is responsible for management and oversight of large portions of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18001-18122, and related legislation. Agency Report (AR), Tab 3b, Statement of Work (SOW) at 6. The RFQ sought a contractor to perform data and operational analytics related to the agency’s operations under the Patient Protection and Affordable Care Act. Contracting Officer’s Statement (COS) at 1. CMS issued the RFQ on February 15, 2023, as a small business set-aside, pursuant to Federal Acquisition Regulation (FAR) section 8.405-3, seeking quotations from holders of General Services Administration multiple award schedule contracts under special item numbers 54151S (information technology professional services) and 541611 (management and financial consulting, acquisition and grants management support, and business program and project management services).[1] AR, Tab 2a, RFQ Cover Letter at 1. The RFQ contemplated the issuance of a time-and-materials task order to the vendor whose quotation represented the best value to the agency, considering five factors, listed in descending order of importance: (1) technical understanding and approach; (2) corporate experience, personnel qualifications, and key personnel; (3) quality assurance plan/quality surveillance plan (QAP/QSP); (4) management and staffing plan; and (5) price.[2] AR, Tab 4b, RFQ attach. 2 at 14-15. The RFQ provided that the nonprice factors, when combined, were significantly more important than price, but “as the degree of technical equality increases between quotes, cost/price will become more important.” Id. at 14. Relevant here, the RFQ stated: “Once the Government determines the Offeror that is the best-suited (i.e., the apparent successful Offeror), the Government reserves the right to communicate with only that Offeror to address any remaining issues, if necessary, and finalize a Task Order with that Offeror. These issues may include technical and price.” Id. at 14. History of Procurement and Protests This protest marks the fourth time that an unsuccessful vendor has protested the agency’s award decision under the RFQ with our Office. By way of background, in response to the RFQ, CMS received seven quotations, evaluated the quotations, conducted a best-suited vendor determination, and eliminated four quotations from further consideration. COS at 2.