Protest Denial Decision Posted: $39M HHS ACF Head Start Enterprise System (HSES) award

Updated June 20, 2024

Eagle Technologies, Inc., a small business of Arlington, Virginia, protests the issuance of a task order to Flexion, Inc., a small business of Madison, Wisconsin, under request for quotations (RFQ) No. 140D0422Q0719, issued by the Department of the Interior on behalf of the Department of Health and Human Services, Office of Head Start, for information technology services. The protester challenges various aspects of the agency’s evaluation.

We deny the protest.

DIGEST

1. Protest that corrective action taken in response to a prior protest overly restricted the scope of revisions offerors could make to their quotations is dismissed as untimely where it was not filed prior to the time revised quotations were to be submitted.

2. Protest that the agency failed to consider certain quotation revisions is denied where the record shows that, whether or not these revisions were beyond the scope of permitted revisions, the agency’s evaluation and source selection fully and reasonably considered them.

3. Allegation that the agency failed to conduct a price realism analysis is denied where the solicitation did not require a price realism analysis and where the protester has not demonstrated that the awardee’s price was so low that it called into question the awardee’s understanding of the requirements.

4. Protest challenging an agency’s evaluation of the order-level materials in the awardee’s quotation is dismissed as untimely where the argument was not filed within 10 days after the protester knew of the basis for protest.

DECISION

Eagle Technologies, Inc., a small business of Arlington, Virginia, protests the issuance of a task order to Flexion, Inc., a small business of Madison, Wisconsin, under request for quotations (RFQ) No. 140D0422Q0719, issued by the Department of the Interior on behalf of the Department of Health and Human Services, Office of Head Start, for information technology services. The protester challenges various aspects of the agency’s evaluation.

We deny the protest.

BACKGROUND

On September 15, 2022, the agency issued the RFQ as a small business set-aside, using General Services Administration (GSA) Federal Supply Schedule (FSS) procedures, pursuant to Federal Acquisition Regulation (FAR) subpart 8.4. Agency Report (AR), Tab 3, RFQ at 1. The solicitation sought information technology services for the management, development, and maintenance of the Head Start Enterprise System, a data management system supporting the oversight of Head Start grant recipient organizations and program operations at the local, state, regional, and national levels. AR, Tab 6, RFQ Statement of Objectives at 1. The solicitation contemplated the issuance of a single time-and-materials task order with one 12-month base period and four 12-month option periods. RFQ at 2-3.

The RFQ provided for award on a best-value tradeoff basis, considering the following three evaluation factors, listed in descending order of importance: technical response, oral presentation, and price. RFQ at 11-12. Within the technical response factor, the solicitation included four subfactors: technical approach, staffing plan, similar experience, and case studies. Id. at 12. Rather than identifying strengths or weaknesses, the solicitation provided for the evaluation of quotations by identifying areas that either raise or lower expectations of success. Id. All non-price factors would receive confidence ratings of high, some, or low confidence. Id. at 11. Further, the RFQ advised that the non-price evaluation factors “are significantly more important than evaluated price.” Id.

The RFQ established a three-phase, advisory down-select process. RFQ at 12-15. For phase one, the RFQ advised vendors that their technical response, inclusive of technical approach, staffing plan, similar experience, and case studies submissions, would be evaluated and that all vendors with quotations receiving a high confidence rating would be invited by email … See The Full Post Here.


Updated March 23, 2024

The lone known active GAO protest filed in relation to this Department of Health and Human Services Administration for Children and Families contract award has been denied.


Added December 18, 2023

After an elongated series of back and forth challenges, and nearly a year since the first protest was filed, a new challenge has been put forth to GAO in relation to this Department of Health and Human Services Administration for Children and Families contract award.

OS AI Note: Dismissed protests do not necessarily mean resolved, and it can oftentimes indicate proactive steps taken by the government to address deficiencies or issues raised in the protest. More will be shared if it is made available.

Protestor: Eagle Technologies, Inc.
Solicitation Number: 140D0422Q0719
Agency: Department of the Interior : Interior Business Center
File number: B-421357.5
Outcome: Denied
Decision Date: Mar 22, 2024

Track all protest activity here

Related

Contract Award: $39M HHS ACF Head Start Enterprise System (HSES)

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