H2K Solutions, Inc. (70B04C24Q00000016)

B-422790,B-422790.2,B-422790.3,B-422790.4 Nov 01, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights H2K Solutions, Inc., a small business of Herndon, Virginia, protests the issuance of a task order to Cloud Lake Technology, LLC, also a small business located in Herndon, Virginia, under request for quotations (RFQ) No. 70B04C24Q00000016. The Department of Homeland Security, United States Customs and Border Protection (CBP) issued the solicitation for information technology management services. H2K challenges the agency's evaluation of technical quotations and the award decision. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: H2K Solutions, Inc. File: B-422790; B-422790.2; B-422790.3; B-422790.4 Date: November 1, 2024 Alexander B. Ginsberg, Esq., Katherine L. St. Romain, Esq., and Michael J. Anstett, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the protester. Adam A. Bartolanzo, Esq., C. Peter Dungan, Esq., Alfred M. Wurglitz, Esq., Lauren S. Fleming, Esq., and Cash W. Carter, Esq., Miles & Stockbridge P.C., for Cloud Lake Technology, LLC, the intervenor. Melanie T. Dasher, Esq., Department of Homeland Security, 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 technical evaluation is denied where the agency evaluated the quotations in accordance with the terms of the solicitation. DECISION H2K Solutions, Inc., a small business of Herndon, Virginia, protests the issuance of a task order to Cloud Lake Technology, LLC, also a small business located in Herndon, Virginia, under request for quotations (RFQ) No. 70B04C24Q00000016. The Department of Homeland Security, United States Customs and Border Protection (CBP) issued the solicitation for information technology management services. H2K challenges the agency’s evaluation of technical quotations and the award decision. We deny the protest. BACKGROUND Preceding Request for Proposals (RFP) In July 2023, the CBP issued RFP No. 70B04C23R00000157 to small businesses holding contracts under the General Services Administration (GSA) 8(a) STARS III indefinite-delivery, indefinite-quantity (IDIQ) contract. Contracting Officer’s Statement (COS) at 1. The solicitation sought end-user device information technology management services in support of the CBP’s Office of Information and Technology. Id. The CBP received timely submitted proposals from offerors, including H2K and Cloud Lake.[1] Id. After evaluating proposals, the agency issued the task order to H2K as the best-value offeror. Id. On October 16, 2023, Cloud Lake filed a bid protest with our Office, challenging the agency’s evaluation of proposals and award decision. Id. The agency elected to take corrective action in the form of amending the RFP, receiving and evaluating revised proposals, and making a new award decision, and thus our Office dismissed the protest as academic. Cloud Lake Technology, LLC, B-422137, Oct. 31, 2023 (unpublished decision). The Post-Corrective Action RFQ Instead of amending the RFP, due to the nature of the revisions, the agency issued a new solicitation for its requirement.[2] Memorandum of Law (MOL) at 2. As such, using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, the agency issued RFQ No. 70B04C24Q00000016 on February 15, 2024, again to small businesses holding contracts under the GSA 8(a) STARS III IDIQ contract. Agency Report (AR), Tab 3, RFQ at 1.[3] The solicitation anticipated the issuance of a single fixed-price task order, with a base period of 4 months, four 12-month options and one 8-month option, as well as an option to extend services. RFQ at 28, 57. Award was to be made on a best-value tradeoff basis considering the following evaluation factors: prior experience, technical approach, and price. RFQ at 58; Req. for Dismissal, attach. 1, RFQ, amend. 0001 at 5. The technical approach factor included the evaluation of four sub-elements: technical management plan, transition-in plan, staffing plan, and key personnel resumes. Id. at 4. The technical approach factor was more important than the prior experience factor. RFQ at 58. When combined, the two non-price factors were more important than price. Id. The RFQ also provided, however, that between quotations of substantially equal technical merit, price will become a more significant factor. Id. The evaluation was conducted in two phases using an “advisory down-select” process.[4] COS at 2. The agency received phase one quotations from 24 vendors. AR, Tab 8, Award Decision Memorandum (AWD) at 6. After evaluating phase one quotations, the agency invited both H2K and Cloud Lake to participate in phase two of the procurement. Id.