The agency determined the protester had not proposed a specific solution. The protester argued the solicitation did not require or permit a specific solution. Rather, the protester argued, the solicitation only sought a high-level framework. Indeed, the protester reasoned, the awardee had erroneously proposed a specific solution. GAO found the protester had misread the solicitation. The solicitation clearly sought an actual solution.
Next Phase Solutions and Services, Inc., GAO B-421165, B-421165.2
Background
The Centers for Medicare and Medicaid Services (CMS) issued an RFQ. The RFQ sought to modernize and migrate CMS’s payment system to the cloud. The RFQ stated that after award, the contractor had to submit a pilot product and an analysis of alternatives.
Eight vendors, including Next Phase Solutions and Services and Index Analytics, submitted quotations. CMS determined Next Phase had not provided a detailed technical solution. Following an award to Index, Next Phase protested.
Analysis
Next Phase argued the agency should not have penalized its quotation for a lack of detail. Next Phase contended the RFQ only a sought a high-level framework. This framework would then be used to generate alternative approaches after award. Next Phase reasoned that the RFQ neither required nor permitted offerors to propose a specific solution. Indeed, Next Phase asserted, Index had “jumped the gun” by proposing a specific solution.
GAO rejected Next Phase’s interpretation of the RFQ. The RFQ contemplated an analysis of alternative solutions after award. It did not ask offerors to propose alternatives in their quotations. The RFQ stated that quotations should demonstrate an understanding of the work to be performed. The RFQ provided a detailed list of the objectives vendors should address. Vendors should have realized CMS sought an actual, specific solution.
Next Phase is represented by Alexander B. Ginsberg of Fried, Frank, Harris Shriver & Jacobson LLP. The intervenor, Index Analytics, is represented by Damien C. Specht, James A. Tucker, and Kritsa A. Nunez of Morrison & Foerster LLP. The agency is represented by Ethan S. Chae of the Department of Health and Human Services. GAO attorneys Glenn G. Wolcott and Christina Sklarew participated in the preparation of the decision.
–Case summary by Craig LaChance, Senior Editor
