S2 Analytical Solutions, LLC (RFQ-832266761)

B-422281.3 Dec 20, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights DECISION S2 Analytical Solutions, LLC, a veteran-owned small business of Herndon, Virginia, protests the terms of request for quotations (RFQ) No. 832266761, issued by the Department of Defense, Defense Information System Agency (DISA) for technology architecture governance services. S2 Analytical contends that the amended solicitation contemplates the unequal treatment of vendors by permitting the agency to conduct discussions with only the vendor identified as the "best-suited" contractor. We deny the protest. View Decision Decision Matter of: S2 Analytical Solutions, LLC File: B-422281.3 Date: December 20, 2024 Stephen D. Tobin, Esq., Cohen Seglias Pallas Greenhall & Furman PC, for the protester. Joseph A. Buitron, Esq., and Maurice Griffithe, Esq., Department of Defense, 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 terms of a solicitation as contemplating the unequal treatment of vendors by permitting the agency to conduct exchanges with only the vendor identified as the “best-suited” (i.e., the apparent successful contractor) is denied where the protester does not demonstrate the challenged provision violates statute or regulation. DECISION S2 Analytical Solutions, LLC, a veteran-owned small business of Herndon, Virginia, protests the terms of request for quotations (RFQ) No. 832266761, issued by the Department of Defense, Defense Information System Agency (DISA) for technology architecture governance services. S2 Analytical contends that the amended solicitation contemplates the unequal treatment of vendors by permitting the agency to conduct discussions with only the vendor identified as the “best-suited” contractor. We deny the protest. BACKGROUND DISA issued the RFQ on February 3, 2023, pursuant to the General Services Administration’s federal supply schedule (FSS) program under Federal Acquisition Regulation (FAR) subpart 8.4, seeking quotations for technology architecture governance services. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 3; Agency Report (AR), Tab 2, RFQ at 2.[1] The RFQ contemplates the establishment of a single award blanket purchase agreement (BPA) with a 1-year base period and up to four 1-year options. Id. The RFQ advises that DISA intends to establish a BPA with the vendor whose quotation “is determined to represent the overall best value to the [g]overnment using a best value trade-off evaluation process” that considers the following evaluation factors: (1) technical approach; (2) management approach; and (3) price. RFQ at 4. The non‑price evaluation factors, when combined, are more important than the price factor. Id. at 7. The RFQ further establishes a two-phase procurement. Id. at 4; COS/MOL at 3. Under phase one, DISA will evaluate vendors’ technical approaches on a pass/fail basis, and if a vendor’s quotation receives a rating of fail, it will not be further evaluated. RFQ at 4-5. Under phase two, DISA will evaluate vendors’ management approaches and price. Id. at 5. On December 22, 2023, DISA initially informed S2 Analytical that it had selected the firm for the establishment of the BPA. Protest at 6; COS/MOL at 4. Two post-award protests of the agency’s selection decision were subsequently filed with our Office, to which the agency responded by filing notices of corrective action. COS/MOL at 4. Our Office dismissed the protests as academic on February 1, 2024. Patriot Strategies, LLC, B-422281, Feb. 1, 2024 (unpublished decision); Open SAN Consulting, LLC, B‑422281.2, Feb. 1, 2024 (unpublished decision). As part of its corrective action, DISA issued an amendment to the terms of the RFQ and established a new deadline for receipt of quotations of 2:00 p.m. Central Time on September 13, 2024. RFQ at 1-2. The RFQ was amended to include the following language: The [g]overnment anticipates selecting the best-suited contractor from initial responses, without engaging in exchanges with contractors. Offerors are strongly encouraged to submit their best technical solutions and price in response to this RFQ. Once the [g]overnment determines the contractor that is best-suited (i.e., the apparent successful contractor), the [g]overnment reserves the right to communicate with only that contractor to address any remaining issues, if necessary, and finalize a task order with that contractor. These issues may include technical and price and can require revisions to either the technical or price quotations. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the [g]overnment, the [g]overnment reserves the right to communicate with the next best-suited contractor based on the original analysis and address any remaining issues.