GAO Case: B-421871.3,B-421871.4

Digest

  1. Protest challenging the assignment of a “positive” rating to the awardee’s proposal is sustained where the agency failed to respond to the allegation that the assignment of the positive was unreasonable.
  2. Protest that the agency failed to identify discriminators between the proposals is sustained where the agency performed an evaluation of the acceptability of the offerors’ proposals under two factor elements instead of conducting a qualitative evaluation of the proposals, as required under the solicitation.

Discussion

ITility asserts that DHS unreasonably assigned IFAS’s proposal a positive for its proposed use of the ACL tool. The protester further asserts that the agency unreasonably failed to recognize two discriminators between the offerors’ proposals. We consider those allegations and, as discussed below, we find merit to them.[4] After reviewing the evaluation challenges, we consider whether the protester has demonstrated a reasonable possibility of prejudice, and we find that ITility has. We therefore sustain the protest.

As noted above, DHS assessed IFAS’s proposal a positive under the technical capability and approach factor for its proposed use of ACL to conduct transaction level testing. The TET noted that IFAS would use ACL to assist the agency in establishing an enterprise risk management (ERM) effort. AR, Tab 5, TET Report at 11. The source selection authority singled out this portion of the positive in making the selection decision, stating: “IFAS showed an ability to anticipate the Government’s needs and this is especially true for Factor 1 [technical capability and approach] with IFAS proposing the use of the ACL tool to establish the …

Decision

ITility, LLC, of Chantilly, Virginia, protests the issuance of a task order to Integrated Finance and Accounting Solutions, LLC (IFAS), of Washington, DC, under request for proposals (RFP) No. 70RWMD23R00000003, issued by the Department of Homeland Security (DHS) to obtain financial and program management support services in support of DHS’s countering weapons of mass destruction (CWMD) office. The protester asserts that the agency’s evaluation of technical proposals was unreasonable, and that the agency thus conducted a flawed best-value tradeoff analysis.

We sustain the protest.

Read the decision here.

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