Metris LLC (70Z02322RFFCT0001)

B-422996.2 Jan 13, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Metris, LLC, a service-disabled veteran-owned small business of Chandler, Arizona, protests the Department of Homeland Security, United States Coast Guard's (USCG) proposed corrective action following a prior protest filed by MilTrain JV, LLC, a veteran-owned small business of Orlando, Florida, challenging an award to Metris under request for proposals (RFP) No. 70Z02322RFFCT0001 issued by the USCG for training, training analysis services, and instructional design and development. Metris argues that the agency proposes to improperly terminate the contract awarded to Metris and exclude it from the competition for having a break in its System for Award Management (SAM) registration between the time of initial proposal submission and final proposal submission. We sustain the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of: Metris LLC File: B-422996.2 Date: January 13, 2025 Stanton P. Beck, Esq., and Jonathan Schirmer, Esq., Lane Powell, PC, for the protester. Paul Hawkins, Esq., J. Bradley Reaves, Esq., and Jacob D. Noe, Esq., Reaves GovCon Group, for MilTrain JV, LLC, the intervenor. Gabriel D. Soll, Esq., Yvonne T. Baker, Esq., and Sarah S. Jaward, Esq., Department of Homeland Security, for the agency. Michael Willems, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the proposed termination of the contract awarded to the protester and the protester’s elimination from the competition for failing to have an active registration in the System for Award Management continuously from the submission of its initial proposal through the time of award is sustained where the agency included the protester in the competitive range and the protester had a continuously active registration from the time of final proposal revision through the time of award. DECISION Metris, LLC, a service-disabled veteran-owned small business of Chandler, Arizona, protests the Department of Homeland Security, United States Coast Guard’s (USCG) proposed corrective action following a prior protest filed by MilTrain JV, LLC, a veteran-owned small business of Orlando, Florida, challenging an award to Metris under request for proposals (RFP) No. 70Z02322RFFCT0001 issued by the USCG for training, training analysis services, and instructional design and development. Metris argues that the agency proposes to improperly terminate the contract awarded to Metris and exclude it from the competition for having a break in its System for Award Management (SAM) registration between the time of initial proposal submission and final proposal submission. We sustain the protest. BACKGROUND The agency issued the RFP on November 9, 2022. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 2. The RFP contemplated the issuance of a single indefinite-delivery, indefinite-quantity contract on the basis of a best-value tradeoff between three factors: (1) technical; (2) management; and (3) price. Agency Report (AR), Tab A.1, RFP at 89. Relevant to this protest, the solicitation incorporated Federal Acquisition Regulation (FAR) provision 52.204-7, System for Award Management, by reference, which requires, among other things, that offerors must be registered in SAM when submitting an offer and continue to be registered until the time of award. Id. at 80. The solicitation was amended six times, and ultimately established January 5, 2023, as the date for initial submission of proposals. COS/MOL at 3. Following receipt and evaluation of initial proposals, including a proposal from Metris, the agency invited offerors to revise their technical proposals and pricing by July 2, 2024. Id. Metris submitted a timely final proposal revision (FPR) on July 1, and the agency subsequently issued another amendment seeking revised pricing worksheets by July 12, which Metris timely submitted. Id. Following receipt of further revisions, the agency evaluated proposals and ultimately made award to Metris. Id. Following award to Metris, MilTrain filed a protest with our Office, docketed as B‑422996, alleging that the award to Metris was improper because Metris was not continuously registered in SAM between the time of initial proposal submission and the time of award. See AR, Tab C.1, Protest of MilTrain JV, LLC. That is, MilTrain’s protest alleged that Metris’s SAM registration lapsed between May 18 and 31 of 2024. Id. at 3‑4. Shortly following the submission of MilTrain’s protest, the USCG indicated that it intended to cancel award to Metris and conduct a new best-value tradeoff among the remaining eligible proposals; based on the agency’s proposed corrective action, we dismissed MilTrain’s protest as academic.