Third Protest Decision Posted for $1B CMS Agile Collaboration and Modernization Endeavors (ACME) BPA

DIGEST

Protest challenging portions of the agency’s evaluation of proposals is dismissed as untimely where the protester could have and should have raised the protest grounds during the prior protest before corrective action. 2.  Protest challenging agency’s technical evaluation is denied where the agency evaluated the proposals in accordance with the terms of the solicitation

DISCUSSION

VivSoft challenges numerous aspects of the agency’s evaluation of quotations.  The protester first contends that its quotation is entitled to additional positive aspects under each of the four non-price evaluation factors.  Next, VivSoft alleges the agency engaged in disparate treatment under all four factors because it failed to give VivSoft equal credit for aspects of its quotation, which, the protester asserts, were substantially identical to elements of the awardees’ quotations for which the awardees received positive evaluation findings.  VivSoft further contends that two of the awardees are ineligible for award due to a lapse in the vendors’ System for Award Management (SAM) registrations.  In addition, the protester claims that the agency unreasonably assessed its quotation with negative findings under three of the evaluation factors based on unstated evaluation criteria.  Finally, VivSoft argues that the agency conducted unequal discussions and failed to conduct a reasonable best-value tradeoff.  For the reasons discussed below, we dismiss most of the first two arguments–concerning the failure to assess additional positive aspects to VivSoft’s quotation and disparate treatment–as untimely.  We dismiss the third argument, regarding the requirement for continuous SAM registration, for failing to state a valid basis of protest.  We deny the remaining allegations.8  Untimely Evaluation Challenges As a preliminary matter, VivSoft raises a number of issues in its current protest that were clearly apparent from the record developed in response to the firm’s earlier protest but were not raised in the earlier protest proceedings.  As explained below, we dismiss these arguments as untimely.   Our Bid Protest Regulations contain strict rules for the timely submission of protests. These timeliness rules reflect the dual requirements of giving parties a fair opportunity to present their cases and resolving protests expeditiously without disrupting or delaying the procurement process.  Verizon Bus. Network Servs., Inc., B-419271.5 et al., Apr. 26, 2021, 2021 CPD ¶ 191 at 14.  Protest arguments raised after corrective action…

DECISION

VivSoft Technologies, LLC, a small business located in Brambleton, Virginia, protests the decision of the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), not to select its quotation for the establishment of a blanket purchase agreement (BPA) under request for quotations (RFQ) No. 75FCMC21Q0013, for agile collaboration and modernization endeavors (ACME).  The RFQ sought to establish multiple BPAs with vendors holding contracts under General Services Administration Multiple Award Schedule special item number (SIN) 54151S,

See the report here.

Related
$1B CMS Agile Collaboration and Modernization Endeavors (ACME) BPA

🔊 Listen to Story