Agency: Department of the Treasury
Disposition:Protest Sustained as to Transworld Systems, Inc.
Decided:December 22, 2017
Published: February 21, 2018
General Counsel P.C. Highlight: Not all protest grounds are discoverable prior to filing a protest. An agency’s inconsistent evaluation of factors results in a protest being sustained.
Summary of Facts
The Department of the Treasury awarded a multiple indefinite-delivery/indefinite- quantity (IDIQ) contract to five companies pursuant to a request for proposals (RFP). Both Transworld Systems, Inc., and Account Control Technology, Inc., filed protests, challenging various aspects of the agency’s evaluation. (Because Account Control Technology, Inc.’s protest was denied, the facts of Account Control Technology, Inc.’s protest will not be discussed further here.)
Transworld Systems, Inc., (TSI) challenges the award of a deficiency as well as a weakness under the quality control factor of the evaluation. The agency asserted the weakness was assessed because TSI failed to address the Health Insurance Portability and Accountability Act (HIPAA) and the Treasury Offset Program (TOP) in their proposal.
Basis for Protest
After reviewing the winning bids, TSI asserted unequal treatment. Specifically, TSI pointed to the fact three awardees failed to mention HIPAA or TOP regulations, and a fourth awardee failed to mention TOP, and only mentioned HIPAA. None the less, these companies did not similarly receive a deficiency or weakness. In fact, each of these companies received ratings of very good or better.
The evaluation of the proposals was unequal, in that different offerors were judged differently for the same omission. Consequently, the protest is sustained.
Of particular note, TSI’s quotation, if rated consistent with the others, would have been rated higher, and could increase TSI’s score above or equal to at least one awardee. Consequently, the GAO recommends the quotation be re-evaluated to determine if TSI qualifies for award.