Global Alliant, Inc. (RFQ-CMS-2023-230867)

Case: B-421859 Agency: Department of Health and Human Services : Centers for Medicare & Medicaid Services Protester: Global Alliant, Inc. Date: 2023-11-07 Denied
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B-421859,B-421859.2,B-421859.3 Nov 07, 2023 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Global Alliant, Inc., of Columbia, Maryland, protests the issuance of a task order to Sparksoft Corporation, of Catonsville, Maryland, under request for quotations (RFQ) No. RFQ-CMS-2023-230867, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services, for digital services support. Global argues that the agency misevaluated quotations and made an unreasonable source selection decision. Global also argues that the agency impermissibly engaged in discussions with only Sparksoft during the competition. 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: Global Alliant, Inc. File: B-421859; B-421859.2; B-421859.3 Date: November 7, 2023 John R. Prairie, Esq., Sarah B. Hansen, Esq., and W. Benjamin Phillips, III, Esq., Wiley Rein LLP, for the protester. David B. Dixon, Esq., Robert C. Starling, Esq., Toghrul M. Shukurlu, Esq., and Aleksey R. Dabbs, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Sparksoft Corporation, an intervenor. David A. Lank, Esq., Department of Health and Human Services, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency’s evaluation of quotations is denied where record shows that agency’s evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations. 2. Protest arguing that agency conducted unequal discussions is denied where the agency engaged in exchanges with the awardee to resolve a minor omission in the firm’s pricing of travel expenses in its quotation pursuant to a solicitation provision permitting the agency to conduct exchanges with the “best-valued” vendor to address any remaining issues. DECISION Global Alliant, Inc., of Columbia, Maryland, protests the issuance of a task order to Sparksoft Corporation, of Catonsville, Maryland, under request for quotations (RFQ) No. RFQ-CMS-2023-230867, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services, for digital services support. Global argues that the agency misevaluated quotations and made an unreasonable source selection decision. Global also argues that the agency impermissibly engaged in discussions with only Sparksoft during the competition. We deny the protest. BACKGROUND The RFQ contemplates the issuance, on a best-value tradeoff basis, of a time-and-materials type task order for a base year and three 1-year options, to provide the agency with independent technical expertise to assist in managing resources for new and existing information technology infrastructure and security requirements. The task order is to be issued to the successful firm under its federal supply schedule (FSS) contract pursuant to Federal Acquisition Regulation subpart 8.4. RFQ at 1. Vendors were advised that quotations would be evaluated using a two-phase process, considering price and several non-price factors. During phase one, firms submitted volume one of their quotations. That volume was to be evaluated under a mission-focused corporate experience factor that was deemed more important than all of the remaining non-price factors. RFQ at 37.[1] At the conclusion of the phase one evaluation, the agency would perform an advisory down-select, during which the agency would advise firms whether they should continue in the competition, and firms could elect whether to continue participating in the acquisition. Id. Those firms continuing in the acquisition submitted phase two quotations, which were to be evaluated considering the remaining factors for evaluation: factor 2, performance work statement (PWS) and draft quality assurance surveillance plan (QASP); factor 3, oral presentation; factor 4, section 508 compliance;[2] and factor 5, business/price, with factors 2 and 3 deemed equal in importance, and factor 4 deemed significantly less important than all other non-price factors.[3] RFQ at 37-38. The RFQ further advised that all the non-price factors in combination were significantly more important than price. Id. at 38. The agency received a number of quotations in response to the RFQ. Both Global and Sparksoft (along with two other concerns) were included in the group of firms with phase one quotations deemed acceptable, and both firms submitted phase two proposals, which the agency evaluated.

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