60-Second Sustains: Sparksoft Corporation

Elizabeth N. Jochum

Sparksoft Corporation
B-422440;.2

  • The awardee’s Systems Security Officer (“SSO”) was awarded a positive finding for holding a certified information systems security professional (“CISSP”) certification. The protester alleged that their SSO held the same certification, as demonstrated in the proposal, but was not awarded an equal positive finding.
  • The agency admitted the unequal treatment was an evaluation error but argued Sparksoft was not prejudiced by the “oversight.” 
  • GAO disagreed, noting that the contemporaneous record showed that when the source selection authority (“SSA”) compared the awardee’s proposal to Sparksoft, the SSA highlighted the awardee’s SSO CISSP certificate as a discriminator between the two proposals.
  • When performing the best-value tradeoff, the SSA acknowledged the price differential between the two proposals was “significant” but concluded that “distinguishing positive features” in the awardee’s proposal justified this premium.
  • GAO found that it was not clear the SSA would have come to the same conclusion if not for the unequal treatment of the offerors’ SSOs.
  • Accordingly, GAO sustained the protest and recommended the agency reevaluate both offerors under the key personnel factor and perform a new best value tradeoff.

Court of Federal Claims Declines to Adopt GAO’s Rule for Post-Proposal Key Personnel Changes

Elizabeth N. Jochum and Robyn N. Burrows

For years, the Government Accountability Office (“GAO”) has been moving towards an increasingly draconian position on offerors’ obligations to notify agencies when the availability of proposed personnel changes after proposal submission. A recent decision by the Court of Federal Claims (“COFC”) in Golden IT, LLC v. United States expressly addressing and departing from the GAO precedent may give hope to offerors struggling with GAO’s requirement.

Golden IT, LLC (“Golden”) protested the Department of Commerce’s award of a single blanket purchase agreement to Spatial Front, Inc. (“SFI”). Among its many protest grounds, Golden claimed that SFI’s quote contained a material misrepresentation regarding key personnel because it proposed an employee who had allegedly left SFI after it submitted its bid and before receiving award. Golden claimed that SFI was obligated to notify the agency of the individual’s unavailability after submitting its proposal.

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