VSolvit, LLC (12314423R0009)

B-422114.3 May 23, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights VSolvit, LLC, of Ventura, California, requests that we recommend reimbursement of the costs VSolvit incurred in filing and pursuing its protests challenging the U.S. Department of Agriculture's (USDA) issuance of a task order to Sohum Systems, LLC, pursuant to task order request for proposals (TORP) No. 123144-23-R-0009 for information technology support services. We dismissed VSolvit's protests following the agency's statement that it would recompete phase II of the procurement. VSolvit asserts that its protests were clearly meritorious and that the agency unduly delayed taking corrective action. We deny the request. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has now been approved for public release. Decision Matter of: VSolvit, LLC File: B-422114.3 Date: May 23, 2024 Katherine B. Burrows, Esq., Eric A. Valle, Esq., Joseph P. Loman, Esq., and Annie B. Hudgins, Esq., Piliero Mazza, PLLC, for the protester. Azine Farzami, Esq., Department of Agriculture, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where solicitation's provisions regarding citizenship of proposed personnel contained some ambiguity, and the agency took corrective action following a conference call in which our Office expressed concern about the awardee's compliance with the citizenship provisions, we reject protester's request that we recommend reimbursement of protest costs on the basis that the protest grounds were not clearly meritorious. DECISION VSolvit, LLC, of Ventura, California, requests that we recommend reimbursement of the costs VSolvit incurred in filing and pursuing its protests challenging the U.S. Department of Agriculture's (USDA) issuance of a task order to Sohum Systems, LLC, pursuant to task order request for proposals (TORP) No. 123144-23-R-0009[1] for information technology support services.[2] We dismissed VSolvit's protests following the agency's statement that it would recompete phase II of the procurement.[3] VSolvit asserts that its protests were clearly meritorious and that the agency unduly delayed taking corrective action. We deny the request. BACKGROUND On June 16, 2023, the agency issued the solicitation, seeking task order proposals to “develop modernized solutions to meet the needs of the nation's farmers and ranchers” using commercial off-the-shelf (COTS) and hybrid solutions that “integrate custom software components to maximize the benefits of both COTS and custom development platforms.” Agency Report (AR), Tab 7, Initial TORP at 5.[4] The solicitation contemplated the single award of a task order with both fixed-price and labor-hour line items and required offerors to submit labor rates for various labor categories and levels of effort. With regard to source selection, the solicitation provided for a best-value tradeoff between the following evaluation factors: prior experience; oral presentations;[5] and price.[6] In this regard, the solicitation stated: All non-price factors are more important than Price. The evaluation factors are listed in descending order of importance: Prior Experience and Oral Presentation.[[7]] Price is an important factor and will be considered in the best value determination. Id. at 51. Of relevance here, the initial solicitation also stated: “Contractors must identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract.” Id. at 45. On or before the July 5, 2023, closing date for submission of phase I proposals (addressing prior experience), initial proposals were submitted by 14 offerors, including VSolvit and Sohum.[8] Thereafter, the agency invited VSolvit and Sohum to participate in phase II.[9] AR, Tab 24, Contracting Officer's Decision at 3-4. On July 24 and July 25, VSolvit and Sohum each made an oral presentation to the agency and submitted their initial price proposals. The oral presentations were attended by the agency's technical evaluation panel (TEP), the contracting officer, and the contracting officer's representative. Thereafter, in evaluating the proposals under the oral presentation evaluation factor, the TEP assigned ratings of “high confidence” to Sohum's proposal and “some confidence” to VSolvit's proposal. In assigning a “some confidence” rating to VSolvit's proposal, the TEP identified various aspects of its proposed approach that lowered the agency's confidence, including concerns regarding the size, structure, and composition of VSolvit's proposed teams. AR, Tab 22, TEP Report at 25-27. In submitting its initial price proposal, Sohum identified 76 incumbent personnel that it proposed for task order performance.