Updated June 12, 2024
“Defendant, the United States, respectfully provides notice that the United States Department of Homeland Security (DHS) intends to take partial corrective action in this matter, which will ultimately moot this protest. As such, counsel for Ardent Management Consulting, LLC, has indicated that plaintiff will voluntarily dismiss this case following filing of this notice.
In implementing partial corrective action, DHS intends to continue performance of the base year under the awarded task order currently in progress, including maintaining the limited option available under Federal Acquisition Regulation (FAR) 52.217-8 Option to Extend the Term of the Contract, to ensure continuity of the mission required information technology (IT) services being obtained that enable DHS to maintain its Consolidated Asset Portfolio and Sustainability Information System (CAPSIS). However, DHS will not exercise any option year available under the current task order but will instead recompete the requirement as it has determined that its future anticipated needs are unlikely to be adequately met under the Surge contract line item numbers (CLIN) included in the current task order absent a modification to the current task order. This partial corrective action will result in a better procurement by ensuring that the agency is able to meet its expected future needs, which the agency is unlikely able to satisfy under the current task order option years.
By way of background, on September 25, 2023, DHS awarded a Federal Supply Schedule task order contract award to the defendant-intervenor, International Business Machines Corporation (IBM), under Request for Quotation (RFQ) 70RDAD23Q00000205. IBM began performing under the base year of that task order and continues to perform at this time, providing CAPSIS Support Services to DHS. CAPSIS is DHS’s data warehousing and business intelligence solution that allows that agency to provide incident response capabilities to forecast the impact of natural disasters and other events on the operational readiness of facilities, assets, and personnel.
Ardent filed the present protest on May 1, 2024, after which the Court held an initial status conference during which the United States represented that the agency would agree to a “partial stay of the task order award, such that the government will be permitted to continue performance of the task order base period already in progress but shall not exercise the first option period until August 23, 2024, at the earliest.” Order at 2 (ECF 24). The United States has filed the administrative record in this matter, but Ardent has not yet filed its motion for judgment on the administrative record in this case. In connection with this protest, DHS has been reviewing its needs, as well as considering the allegations raised by Ardent in this protest, and the agency has determined that partial corrective action will serve the best interest of the United States.” More will be shared as it is made available
Added May 7, 2024
The back and forth continues. More than 7 months after the award was announced, a fresh challenge has been filed with the Court of Federal Claims in relation to this 5-year contract to support the Department of Homeland Security Office of the Chief Readiness Support Officer (OCRSO) Consolidated Asset Portfolio and Sustainment Information System (CAPSIS) initiative.
This is the second action filed by Ardent Management Consulting, LLC in relation to this contract The first (a Bid Protest Pre-Filing Notice), was filed with the Courts shortly after the award, but the agency agreed to voluntarily take corrective action. Early last month the agency reaffirmed their initial award decision. Ardent clearly does not agree with this decision as they have now filed a new protest.
More details will be shared as they are made available.
Award ID: 70RDAD23FR0000116
RFP ID: 70RDAD23Q00000205
Related Data
Contract Award: $25M DHS OCRSO CAPSIS support services
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