Veterans EZ Info, Inc. (T4NG-0708)
Case: B-422107
Agency: Department of Veterans Affairs : Department of Veterans Affairs
Protester: Veterans EZ Info, Inc.
Date: 2024-01-11
Denied
B-422107,B-422107.2
Jan 11, 2024
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Highlights
Veterans EZ Info, Inc., a service-disabled veteran-owned small business (SDVOSB) of San Diego, California, protests the issuance of a task order to Clear Vantage Point Solutions, LLC, a SDVOSB of Annandale, Virginia, under request for task execution plans (RTEP) No. T4NG-0708, issued by the Department of Veterans Affairs (VA) for veterans health information systems and technology architecture (VistA) imaging (VI) sustainment and enhancement support. The protester primarily contends that the agency's evaluation of plans was unreasonable because the agency failed to conduct a comparative analysis of the offerors' respective levels of effort (LOE).
We deny the protest.
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release.
Decision
Matter of: Veterans EZ Info, Inc.
File: B-422107; B-422107.2
Date: January 11, 2024
Alexander B. Ginsberg, Esq., Michael J. Anstett, Esq., and Katherine L. St. Romain, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the protester.
Matthew L. Nicholson, Esq., and Devon E. Hewitt, Esq., Potomac Law Group, PLLC, for Clear Vantage Point Solutions, LLC, the intervenor.
Tobias Hunziker, Esq., and Krysta Ku, Esq., Department of Veterans Affairs, for the agency.
Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the agency’s technical evaluation and subsequent best-value decision is denied where the agency’s evaluation was reasonable and consistent with the terms of the solicitation.
DECISION
Veterans EZ Info, Inc., a service-disabled veteran-owned small business (SDVOSB) of San Diego, California, protests the issuance of a task order to Clear Vantage Point Solutions, LLC, a SDVOSB of Annandale, Virginia, under request for task execution plans (RTEP) No. T4NG-0708, issued by the Department of Veterans Affairs (VA) for veterans health information systems and technology architecture (VistA) imaging (VI) sustainment and enhancement support. The protester primarily contends that the agency’s evaluation of plans was unreasonable because the agency failed to conduct a comparative analysis of the offerors’ respective levels of effort (LOE).
We deny the protest.
BACKGROUND
On August 30, 2023, the VA issued the RTEP to holders of the VA transformation twenty‑one total technology next generation (T4NG) indefinite-delivery, indefinite‑quantity (IDIQ) contract, seeking execution plans for maintenance and
sustainment services for the agency’s VI applications. Contracting Officer’s Statement (COS) at 1. The RTEP was set aside for SDVOSB holders of the T4NG IDIQ contract, and contemplated the issuance of a fixed-price task order for a 6-month base period with up to four 12-month options. Id.
The RTEP advised that the VA intended to issue an order to the offeror with “the best overall (i.e., best value)” plan that is “determined to be the most beneficial to the [g]overnment,” considering price and two non-price factors. Agency Report (AR), Tab 6, RTEP at 3-4.[1] The non-price evaluation factors, in descending order of importance, were technical and past performance. Id. at 4. The RTEP informed vendors that when combined, the non-price factors were significantly more important than the price factor. Id. The solicitation further advised that “award may not necessarily be made to the lowest [p]rice offered or the highest rated [t]echnical [plan].” Id.
As relevant here, under the technical factor, the VA was to assign adjectival ratings to the offerors’ execution plans. An offeror could receive a rating of unacceptable, susceptible to being made acceptable, acceptable, good, or outstanding. AR, Tab 4, Task Order Evaluation Plan at 4. A technical rating of acceptable indicated a plan that “at least meets all of the [g]overnment’s requirements, demonstrates at least a minimal understanding of the problems, and is at least minimally feasible.” Id. A technical rating of good indicated a plan that “meets or exceeds all of the [g]overnment’s requirements, demonstrates at least an understanding of the problems and is at least feasible.” Id.
Two offerors, Veterans EZ Info and Clear Vantage Point Solutions, timely submitted execution plans to the VA by the RTEP’s September 6 due date. COS at 2. The agency’s evaluation of execution plans yielded the following results:
Veterans EZ Info
Clear Vantage Point Solutions
Technical Factor
Good
Acceptable
Past Performance Factor[2]
19.4
17.2
Evaluated Price
$38,117,095
$24,194,059
AR, Tab 14, Selection Decision Document at 2. The agency’s selection authority concluded that Clear Vantage Point Solutions’s execution plan represented the best overall value to the government. Id.
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