Protest Denied: $48M NOAA NWS Systems RMF Assessments BPA

Updated January 7, 2025

No. 24-1662C

Background

On October 13, 2023, NOAA issued a Solicitation seeking Assessment and Authorization (“A&A”) services for NOAA’s National Weather Service (“NWS”).  The Solicitation contemplates award of a single Blanket Purchase Agreement (“BPA”) to a contractor who would conduct IT security controls assessments, including for cloud and on-premises systems within a parent/child organizational model; continuously monitor IT systems; conduct penetration testing; perform compliance reviews; and create final Assessment packages and reports.  AR 290-91.

The BPA is in support of NWS’s mission to provide prompt, reliable, and high-quality annual assessments of all NWS Federal Information Security Modernization Act (FISMA) systems.  AR 289. The services provided under the contract are critical to improve program efficiency, effectiveness, and consistency by providing prompt, reliable, repeatable, and high-quality annual assessment of all NWS systems supporting NOAA’s risk management framework …

Discussion

First, ITegrity submitted its incumbent contract for the instant procurement (“PP1”).  AR  2186.  The TET determined that this reference was “very relevant” and that its quality was “very good.”  Id.  The TET, however, noted that the incumbent contract was smaller than the current procurement, the latter involving a higher overall dollar volume and more full-time employees.  AR 2191.  Even so, the TET offset these differences “by the similarity in requirements and exhibits its relevancy as a basis for confidently demonstrating the capability to meet the intricate demands of the A&A effort.”  Id.  Given that ITegrity submitted an incomplete Relevant Project Form there were areas with missing information.  However, as ITegrity is the incumbent, the TET was able to use personal knowledge for the vendor’s demonstrated past performance in this instance to evaluate this reference in its …

Decision

In this post-award bid protest, ITegrity, Inc., the incumbent contractor, challenges the National Oceanic and Atmospheric Administration’s (“NOAA” or the “Agency”) Past Performance Evaluation.  Specifically, Plaintiff alleges that the Agency’s evaluation of its Past Performance minimized its performance on the incumbent contract and downgraded its confidence rating based on less relevant past performance references.  This, argues Plaintiff, was irrational, arbitrary, or capricious and effectively precluded it from receiving the award.

ITegrity timely filed its Motion for Judgment on the Administrative Record on November 8, 2024, seeking a permanent injunction preventing NOAA from proceeding with the contract award and asks the Court to set aside NOAA’s award. The Government and Intervenor filed their respective Responses and Cross-Motions for Judgment on the Administrative Record.  The Motions are fully briefed, and oral argument is unnecessary.

For the reasons set forth below, the Court holds that NOAA properly documented its decision and that its analysis is reasonable.  Therefore, the Court GRANTS the Government’s and Intervenor’s Cross-Motions for Judgment on the Administrative Record and DENIES ITegrity’s Motion for Judgment on the Administrative Record.

Read the decision here.

Updated October 21, 2024

Update: Dark Clouds Forming – NOAA’s $48M Systems RMF Award Decision Challenged

‘More details have now been provided, to include next steps and timing for the challenge of this hotly contested contract to improve program efficiency, effectiveness, and consistency by providing prompt, reliable, repeatable, and high quality annual assessments of all NWS systems in support of the NOAA Risk Management Framework.

Details are limited at this time, but it appears that the primary challenge is related to the adjectival past performance rating given by the government. ITegrity is asking the government to halt efforts to proceed with performance of the BPA, to reevaluate proposals in accordance with the solicitation,  and to make a new award decision.

Whether the government listens or not is tbd, More will be shared as it is made available.

A tentative schedule has been outlined below

• The Government shall serve the Administrative Record via the JEFS system and file a Notice of Filing with the Court by 10/25/2024.
• Plaintiff’s Motion for Judgment upon the Administrative Record due by 11/8/2024.
• The Government’s and Intervenor’s Cross-Motions for Judgment upon the Administrative Record due by 11/22/2024. Plaintiff’s Response due by 12/6/2024.
• The Government’s and Intervenor’s Replies due by 12/13/2024.
• The Government shall file the Joint Appendix by 12/20/2024. The Government shall file the entire Administrative Record within seven days after the entry of final judgment.

Updated October 18, 2024

The 20 other Prime bidders, and related subs, who did not make the cut will take notice as at least one group is challenging the decision on this important effort to improve program efficiency, effectiveness, and consistency by providing prompt, reliable, repeatable, and high quality annual assessments of all NWS systems in support of the NOAA Risk Management Framework.

A formal protest has been put forth by ITegrity, Inc. Details are limited as to the grounds for the challenge. More details will be provided as made available.

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AttainX beats out 21 to win $48M NOAA NWS Systems RMF Assessments BPA

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