Updated April 10, 2025
DIGEST
1. Protest alleging that the agency erred in eliminating the protester’s quotation from the competition for quoting labor categories (LCATs) under special item numbers (SINs) from the protester’s Federal Supply Schedule (FSS) contract other than the SIN under which the solicitation was issued is sustained where the solicitation did not limit applicable SINs.
2. Protest challenging the agency’s evaluation of the awardee’s quoted labor categories is dismissed in part where the protester fails to allege a violation of statute or regulation, and sustained in part where the agency fails to refute the protester’s allegation that the LCAT quoted by the awardee for one position fails to encompass the duties of that position.
3. Protest challenging the agency’s evaluation of the awardee’s quotation under experience factor is denied where the evaluation was reasonable and in accordance with the terms of the solicitation.
DECISION
VMD Systems Integrators, LLC dba VMD Corporation, a women-owned small business of Fairfax, Virginia, protests the elimination of its quotation from the competition and the establishment of a blanket purchase agreement (BPA) with AccelGov, LLC, a women‑owned small business of Huntsville, Alabama, under request for quotations (RFQ) No. 70FA3123Q00000045, issued by the Department of Homeland Security, Federal Emergency Management Agency, for project management and cyber security compliance support services. The protester contends that the agency unreasonably eliminated its quotation from the competition based on unstated evaluation criteria. The protester also argues that the agency unreasonably evaluated the awardee’s quotation. In its supplemental protest, the protester contends that the agency unreasonably evaluated its quotation following corrective action.
We sustain the protest.
Updated April 4, 2025
Decision Released: FEMA Information System Security Officer (ISSO) BPA File No. B-422384.2, B-422384.4
Digest – Protest alleging that the agency erred in eliminating the protester’s quotation from the competition for quoting labor categories (LCATs) under special item numbers (SINs) from the protester’s Federal Supply Schedule (FSS) contract other than the SIN under which the solicitation was issued is sustained where the solicitation did not limit applicable SINs.
Discussion – SynergisT contends that it was improper for the agency to eliminate its quotation from the competition due to its failure to provide LCATs and rates under SIN 54151HACS. The protester argues that the solicitation did not limit vendors to quote LCATs under SIN 54151HACS but allowed them to quote any LCATs from the vendor’s underlying Federal Supply Schedule (FSS) contract with a scope that met the agency’s requirements, regardless of SIN, which, for the protester, included SIN 541611 and SIN 54151S. In its supplemental protest, the protester contends that the agency engaged in disparate treatment by applying this restriction only to the protester. For reasons discussed below, we sustain the protest …
Decision – SynergisT JV, LLC, a women-owned small business of McLean, Virginia, protests the establishment of a blanket purchase agreement (BPA) with AccelGov, LLC, a women-owned small business of Huntsville, Alabama, under request for quotations (RFQ) No. 70FA3123Q00000045, issued by the Department of Homeland Security, Federal Emergency Management Agency, for project management and cyber security compliance support services. The protester, which is the incumbent contractor, contends that the agency unreasonably eliminated its quotation from the competition based on unstated evaluation criteria.
We sustain the protest.
Related
Note: This has been a back and forth battle for the better part of the last year. OS Sponsors can log in below to view the past activity.
Updated March 25, 2025
OrangeSlices learned earlier today that GAO is siding with the second of two challengers who filed a post-award bid protest in relation to this hotly contested BPA.
The next steps taken can vary, but typically involve the agency (once again) taking a step back to revisit their eval process. Does that mean a new awardee will be named (again)? Not necessarily, but some action will need to be taken to deal with the issues raised as part of the protest.
More to be shared as it is made available.
Solicitation Number: 70FA3123Q00000045
Agency: Department of Homeland Security: Federal Emergency Management Agency
Protester: SynergisT JV, LLC
File number: B-422384.2
Outcome: Sustained
Decision Date: Mar 11, 2025
Protester: VMD Systems Integrators, Inc- dba VMD Corporation
File number: B-422384.3
Outcome: Sustained
Decision Date: Mar 25, 2025
Updated July 22, 2024
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My money says they cancel this altogether before all is said and done.