Centuria Corporation (FA8773-23-R-0003)

B-422245.5 Nov 13, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights DecisionPoint Corporation, known at the time of proposal submission as EmeSec Inc., a service-disabled veteran-owned small business (SDVOSB) of Gaithersburg, Maryland, protests the Department of the Air Force's rejection of its proposal under fair opportunity proposal request (FOPR) No. FA8773-23-R-0003, for defensive cyber realization, integration, and operational support (DCRIOS) services. The agency determined that it could not make award to the protester because EmeSec did not demonstrate that it held a required certification at the time it submitted its proposal. The protester argues that the solicitation did not require the certification at the time of proposal submission and, even if it did, the agency improperly ignored the effect of a novation in finding that EmeSec's proposal did not comply with the certification requirement. We sustain the protest. View Decision Decision Matter of: DecisionPoint Corporation- f/k/a Emesec Inc. File: B-422245.5 Date: November 13, 2024 Edward J. Tolchin, Esq., Offit Kurman Attorneys at Law, for the protester. John E. Jensen, Esq., and Toghrul M. Shukurlu, Esq., Pillsbury Winthrop Shaw Pittman LLP, for Centuria Corporation, the intervenor. Colonel Nina Padalino, Nicholas T. Iliff, Jr., Esq., Erika Whelan Retta, Esq., and Kent H. Grubb, Esq., Department of the Air Force, 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 agency’s determination that protester’s proposal was ineligible for award because it failed to include proof of a required certification is sustained where the solicitation required proof that the prime contractor had the certification at the time of proposal submission and, due to a merger between the protester and its wholly owned subsidiary, the prime contractor has the required certification. DECISION DecisionPoint Corporation, known at the time of proposal submission as EmeSec Inc., a service-disabled veteran-owned small business (SDVOSB) of Gaithersburg, Maryland, protests the Department of the Air Force’s rejection of its proposal under fair opportunity proposal request (FOPR) No. FA8773-23-R-0003, for defensive cyber realization, integration, and operational support (DCRIOS) services. The agency determined that it could not make award to the protester because EmeSec did not demonstrate that it held a required certification at the time it submitted its proposal. The protester argues that the solicitation did not require the certification at the time of proposal submission and, even if it did, the agency improperly ignored the effect of a novation in finding that EmeSec’s proposal did not comply with the certification requirement. We sustain the protest. BACKGROUND Using the procedures of Federal Acquisition Regulation (FAR) section 16.505, the Air Force issued the FOPR on March 23, 2023, under the General Services Administration’s (GSA’s) Veterans Technology Services 2, governmentwide acquisition contract (VETS II contract). Agency Report (AR), Tab 5, FOPR at 66. [1] The solicitation, which was set aside for SDVOSBs, sought cyber protection team (CPT) support, management, engineering and technical services.[2] COS at 2. As relevant here, the FOPR included a requirement that offerors submit proof of a level III Capability Maturity Model Integration (CMMI) certification for the “prime contractor providing the CPT support services.”[3] AR, Tab 7, FOPR, amend. 0002 at 52. EmeSec’s Proposal and Award On May 1, 2023, the Air Force received proposals from offerors, including EmeSec and Centuria Corporation. COS at 4. EmeSec’s proposal identified EmeSec as the prime contractor that had the required VETS II contract and that would be performing the CPT support services. Id. EmeSec’s proposal also explained that it was a wholly owned subsidiary of DecisionPoint. Id. Because EmeSec did not have a level III CMMI certification, its proposal provided DecisionPoint’s level III CMMI certificate, along with a meaningful relationship commitment letter (MRCL). AR, Tab 10, EmeSec Proposal at 311-312; Memorandum of Law (MOL) at 4-5. The MRCL between DecisionPoint and EmeSec indicated DecisionPoint’s agreement “to support [EmeSec] in its use of DecisionPoint’s CMMI Level III certification[.]”[4] AR, Tab 10, EmeSec Proposal at 311‑312. At some point prior to proposal submission, EmeSec merged into DecisionPoint. AR, Tab 12, Novation Agreement. After proposal submission, but prior to award, on June 26, 2023, DecisionPoint entered into a novation agreement with GSA that recognized DecisionPoint as EmeSec’s successor in interest. Id. The agreement identified the effective date as January 1, 2023. Id. at 2. Thereafter, on December 5, 2023, the Air Force awarded the contract to EmeSec. Id.