Decision Details Released: CMS IT Services BPA Protest Denial

DIGEST

1. Protest arguing the agency conducted unequal discussions is denied where the agency engaged in exchanges with the awardee to allow the awardee to modify proposed labor categories in its quotation pursuant to a solicitation provision broadly permitting the agency to conduct exchanges with the best-suited vendor to address any remaining issues. 2. Protest challenging the agency’s post-corrective action evaluation as unreasonable for not reconciling the results of that evaluation with the results of an earlier evaluation is denied where there is generally no requirement that an agency reconcile a later evaluation with an earlier one and where the record demonstrates that this aspect of the reevaluation was reasonable and consistent with the terms of the solicitation.

DISCUSSION

Sky argues that the agency conducted unreasonable and unequal exchanges during the corrective action reevaluation by allowing only iTech to revise its quotation. Sky further contends that the agency unreasonably downgraded Sky’s quotation under the federal training experience video demonstration factor during the corrective action reevaluation. Where, as here, an agency issues an RFQ to federal supply schedule (FSS) vendors under FAR subpart 8.4 and conducts a competition for the issuance of an order or establishment of a BPA, we will review the record to ensure that the agency’s evaluation was reasonable and consistent with the terms of the solicitation and applicable procurement laws and regulations. Digital Solutions, Inc., B-402067, Jan. 12, 2010, 2010 CPD ¶ 26 at 3-4; DEI Consulting, B-401258, July 13, 2009, 2009 CPD ¶ 151 at 2. In reviewing a protest challenging an agency’s technical evaluation, our Office will not reevaluate the quotations; rather, we will examine the record to determine whether the agency’s evaluation conclusions were reasonable and consistent with the terms of the solicitation and applicable procurement laws and regulations. OPTIMUS Corp., B-400777, Jan. 26, 2009, 2009 CPD ¶ 33 at 4. A protester’s disagreement with the agency’s judgment, without more, does not establish that an evaluation was unreasonable.

DECISION

Sky Solutions LLC of Chantilly, Virginia, protests the establishment of a blanket purchase agreement (BPA) with iTech AG, LLC, of Arlington, Virginia, by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), under request for quotations (RFQ) No. 75FCMC21Q0014 for information technology (IT) services. Sky protests various aspects of the agency’s evaluation and source selection decision. We deny the protest.

See the decision here.

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