A formal Court of Claims protest filed in relation to this three year Department of Homeland Security United States Citizenship and Immigration Services requirement has now been denied.
In this protest, the Court of Federal Claims held that the agency’s determination that the plaintiff was ineligible for an 8(a) task order award out of under a MAS contract was correct as: (i) the firm graduated from the 8(a) program before the solicitation was issued; the bidders 8(a) status at the beginning of the MAS contract was irrelevant; and that this task order was specifically limited to 8(a) firms.
“Plaintiff Karthik Consulting, LLC (“Karthik”) protests a decision by the Department of Homeland Security (“DHS”), United States Citizenship and Immigration Services (“USCIS”) to award a task order to defendant-intervenor Zen Strategics LLC (“Zen”) after the Small Business Administration (“SBA”) determined that Karthik was ineligible for award under the SBA’s
A link to the decision document is provided here Section 8(a) program. For the reasons explained below, the Court finds that the DHS’s decision and the underlying SBA eligibility determination were rational, consistent with the solicitation terms, and compliant with applicable regulations. Accordingly, Karthik’s motion for judgment on the administrative record (“MJAR”) is DENIED, and the government’s and Zen’s cross MJARs are GRANTED.
BACKGROUND
Karthik is a Virginia limited liability company headquartered in Falls Church, Virginia. “Karthik provides government customers with, among other things, software product and application support services, technical support and help desk services, cybersecurity services and solutions, and program management consultancy services.” Id. On February 23, 2022, the DHS notified the SBA of its offer to place a requirement for cyber security support services with the SBA under its Section 8(a) Business Development
Program. AR 58.2 The DHS stated its intent to award a hybrid Firm-Fixed-Price and Time-and Materials contract as a “competitive 8(a) requirement.” AR 59. It further stated that it had publicized its intent to issue the solicitation in its Acquisition Planning Forecast System (“APFS”) and that “[t]he 8(a) vendors currently holding a contract under Highly Adaptive Cybersecurity Services (HACS) Special Item Number (SIN) 54151 vehicle have expressed interest.” Id. In the APFS posting, dated December 1, 2022, the DHS stated that it would “require vendors to recertify that they are currently an active 8(a) vendor under the [General Services Administration (“GSA”)] HACS contract vehicle for this requirement with …”
Related
$73M USCIS Cyber Security Support Services (C3S)
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