Decision Released: Gov sides with $450M Library of Congress Agile System Development IDIQ Challengers

DIGEST

Deloitte Consulting, LLP, of Arlington, Virginia, and Softrams, LLC, of Leesburg, Virginia, protest the award of contracts to Ad Hoc, LLC, of Washington, D.C., Navitas Business Consulting, Inc., of Herndon, Virginia, Gunnison Consulting Group, Inc., of Fairfax, Virginia, Albacore Group, LLC, of Washington, D.C., Artemis Consulting, Inc., of McLean, Virginia, NIC Federal, LLC, of Arlington, Virginia, CGI Federal, Inc., of Fairfax, Virginia, and 22nd Century Technologies, Inc., of McLean, Virginia, under request for proposals (RFP) No. 030ADV22R0079 issued by the Library of Congress (LOC) for agile system development support services. The protesters allege that the agency erred in its evaluation of proposals in numerous respects and in the conduct of its best-value tradeoffs. We sustain the protests.

DISCUSSION

On December 1, 2022, the LOC issued the RFP seeking to award multiple indefinite-delivery, indefinite-quantity (IDIQ) contracts for agile software development services. B‑421801.3 Contracting Officer’s Statement of Facts (COS) at 1. The RFP explained that award would be made on the basis of a best-value tradeoff among four factors listed in descending order of importance: (1) corporate experience; (2) past performance; (3) technical approach; and (4) price. Agency Report (AR), Tab 4c, Amended RFP at 75. In addition to identifying price as the least important factor, the solicitation further explained that the non-price factors when combined were significantly more important than price. Id.The RFP did not specify how many awards the agency intended to make.

Relevant to this protest, the solicitation explained that the agency would evaluate past performance, the second most important factor, “to determine the offeror’s likelihood of success in performance of task orders under this IDIQ,” and would also “evaluate any risks demonstrated by the offeror’s past performance.” Id. at 76. With regard to price, the RFP explained that price proposals would be evaluated for completeness, reasonableness, and to determine if pricing reflects a clear understanding of the requirements …

DECISION

We recommend the agency reopen discussions, seek revised proposals as necessary, evaluate revised proposals with respect to all evaluation factors, adequately document its analysis, and make a new source selection decision consistent with this decision. We also recommend that the agency reimburse Deloitte and Softrams for their reasonable costs of filing and pursuing their protests, including attorneys’ fees. Bid Protest Regulations, 4 C.F.R. § 21.8(d)(1). The protesters’ certified claims for costs, detailing the time expended and costs incurred, must be submitted directly to the agency within 60 days of receiving this decision. 4 C.F.R. § 21.8(f)(1).

The protests are sustained.

See the decision here.

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