Team Escalate, LLC (70SBUR24R00000001)

B-422500 Jun 27, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Competitive Innovations LLC (CI), a historically underutilized business zone (HUBZone) small business of Arlington, Virginia, protests the terms of request for proposals (RFP) No. 70SBUR24R00000001, issued by the Department of Homeland Security, Citizenship and Immigration Services (USCIS) for program management, administrative, clerical, and technical services (PACTS). The protester contends that the RFP violates a regulation issued by the Small Business Administration (SBA) and the protester's constitutional right to equal protection. We deny the protest in part and dismiss it in part. View Decision Decision Matter of: Competitive Innovations LLC File: B-422500 Date: June 27, 2024 Timothy B. Mills, Esq., Mills Law Group, LLP, for the protester. John Cornell, Esq., Departent of Homeland Security, for the agency. Michelle Litteken, Esq., Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging the terms of a solicitation are inconsistent with a regulation is denied where the regulation does not support the protester's interpretation. 2. Protest challenging terms of the solicitation is dismissed where the protester's assertions fail to state a valid basis for protest. DECISION Competitive Innovations LLC (CI), a historically underutilized business zone (HUBZone) small business of Arlington, Virginia, protests the terms of request for proposals (RFP) No. 70SBUR24R00000001, issued by the Department of Homeland Security, Citizenship and Immigration Services (USCIS) for program management, administrative, clerical, and technical services (PACTS). The protester contends that the RFP violates a regulation issued by the Small Business Administration (SBA) and the protester's constitutional right to equal protection. We deny the protest in part and dismiss it in part. BACKGROUND USCIS issued the RFP, referred to as the PACTS III solicitation, on February 5, 2024.[1] Req. for Dismissal at 1. The agency issued three PACTS III solicitations, with each solicitation pertaining to a different functional category. Id. at 1-2; RFP at 9. The PACTS III solicitation for functional category one, administrative management and general management consulting services, is relevant here.[2] The solicitation contemplates the award of multiple indefinite-delivery, indefinite-quantity contracts with offerors competing in four separate socioeconomic program set-aside categories: service-disabled veteran-owned small business, woman-owned small business, HUBZone small business, and 8(a) business.[3] RFP at 9, 59. An offeror that qualifies for more than one socioeconomic category is permitted to submit proposals in more than one category. Id. at 62. For example, a firm that qualifies as an 8(a) small business and a HUBZone small business may submit a proposal for each category. The solicitation states that USCIS anticipates awarding eight contracts within each set-aside category, for a total of 32 functional category one contracts. RFP at 59. Within each small business set-aside category, the agency intends to allocate the contracts equally among the following types of offerors: prime contractor, small business joint venture, small business prime contractor with one or more small business subcontractors, and mentor-protégé joint venture. Id. at 59. The solicitation provides that the total period of performance for the contracts, inclusive of the base period and all option periods, is 15 years. Id. at 4, 60-61. The RFP anticipates the issuance of fixed-price, labor-hour, and time-and-materials task orders. Id. at 9. The solicitation establishes that award will be made to the offerors with the highest technically rated proposals with realistic and reasonable prices. RFP at 124. Proposals will be evaluated under two factors, technical and price, and the technical factor consists of the following three subfactors: experience and past performance, accounting system, and facility clearance. Id. at 125. As relevant here, for the experience and past performance subfactor, the RFP instructs offerors to complete a self-scoring sheet/workbook. RFP at 73. Within the self-scoring sheet/workbook, offerors are to list and provide information about their recent and relevant projects, and the proposal will receive points based on the dollar value of the projects.[4] Id. at 74. For example, a project with an obligated value between $250,000 and $400,000 would receive 146 points. Id. There is no limitation on the number of qualifying projects an offeror may submit under the experience and past performance subfactor.[5] Id. at 73. The RFP states that the agency will use a four-phase source selection process. In the first phase, proposals will be grouped by functional category, socioeconomic category, and type of offeror. RFP at 127.