Decision Released: VBA Conversion Services requirement

File No. B-421290.6, B-421290.7,B-421290.8

Digest

1. Protest challenging agency’s assessment of a significant strength based on awardee’s capability to exceed requirements is sustained where the record shows that the evaluation finding was based on an erroneously inflated understanding of the awardee’s ability to exceed the government’s requirements.
2. Protest challenging agency’s evaluation of the protester’s past performance is denied where the evaluation was reasonable and consistent with the terms of the solicitation.
3. that agency failed to conduct meaningful discussions and engaged in unequal discussions is denied where the record shows that the agency reasonably tailored discussions to identify weaknesses in proposals and other areas where the proposals could be materially enhanced; an agency is not required to advise in discussions that an offeror’s past performance received a rating of neutral.
4. Protest that agency should have found awardee nonresponsible is dismissed where the task order solicitation did not include a requirement that the agency determine responsibility and there is no other requirement that an agency determine responsibility prior to issuing a task order when a responsibility determination was made at the time of award of the indefinite-delivery indefinite-quantity contract.

Discussion

The protester raises numerous allegations challenging the evaluation of proposals and the selection decision. Specifically, GovCIO argues that the evaluation of technical proposals was unreasonable and disparate; the agency’s evaluation of its past performance was unreasonable and reflects the application of unstated evaluation criteria; the agency failed to engage in meaningful discussions and conducted unfair and unequal discussions; and, because of the foregoing errors and the agency’s failure to properly consider price, the selection decision is flawed. The protester further contends that the agency should have found GDIT to be nonresponsible because of its alleged noncompetitive behavior in, and improper interference with, the procurement.

For the reasons discussed below, we agree with the protester that the agency’s evaluation of the awardee’s conversion capability was unreasonable, and that this could have had a prejudicial effect in the final evaluation and award decision. We also find, however, that the protester’s arguments regarding the remainder of the agency’s evaluation and its allegations regarding GDIT’s responsibility do not provide a basis to sustain the protest …

Decision

GovCIO, LLC, of Fairfax, Virginia, protests the issuance of a task order to General Dynamics Information Technology, Inc. (GDIT), of Falls Church, Virginia, by the Department of Veterans Affairs (VA), under request for task order response (RTOR) No. 36C10D22Q0026, issued for file conversion services for the Veterans Benefit Administration (VBA). The protester raises multiple challenges to the agency’s evaluation of proposals and the selection decision, and further contends that the agency should have found GDIT to be nonresponsible.

We sustain the protest in part and deny it in part.

Read the decision here.

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