Protest Decision Released: Denial of $105M IRS Program Support Services requirement

DIGEST

Protest that the agency unreasonably evaluated protester’s proposal is denied where the evaluation is consistent with the solicitation and procurement law and regulation.

DISCUSSION

Piton challenges the reasonableness of the agency’s evaluation of its proposal under the prior demonstrated experience and management approach factors.  The protester also contends that the agency failed to conduct a valid price realism analysis.  As explained below, we deny the first two allegations and dismiss the third Our Office has jurisdiction to review Piton’s protest pursuant to our authority to hear protests related to task and delivery orders valued more than $10 million placed under civilian agency multiple-award IDIQ contracts.  41 U.S.C. § 4106(f)(1)(B). 5 In comments filed more than 10 days after receipt of the agency report, Piton raised new allegations of agency misconduct, including that the solicitation was wrongly issued as a small business set-aside under the applicable North American Industry Classification System (NAICS) code; the agency amended the solicitation language to favor the incumbent; the agency failed to properly implement its corrective action in response to an earlier protest; and the agency misrepresented facts pertaining to its evaluation of the protester’s proposal.  Comments at 2-12.   Government officials are presumed to act in good faith, and we will not attribute unfair or prejudicial motives to procurement officials based on inference or supposition.  Phoenix Envtl. Design, Inc., B-411044, Apr. 27, 2015, 2015 CPD ¶ 137 at 3 n.2 (noting that a protester’s contention that procurement officials are motivated by bias or bad faith must be supported by convincing proof).  Piton’s assertions lack the convincing proof required to support an allegation that agency officials here acted in bad faith or committed fraud…

DECISION

Piton Science and Technology, LLC, a service-disabled veteran-owned small business of Oakton, Virginia, protests the issuance of a task order to Parker Tide Corporation, of Washington, D.C., under request for proposals (RFP) No. 5000153993, issued by the Department of the Treasury, Internal Revenue Service (IRS), to provide program support services for the IRS.  Piton alleges that the agency unreasonably evaluated the protester’s proposal and failed to conduct a valid price realism analysis.  We deny the protest.

See the decision here.

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