In phase 1, the agency would consider two evaluation factors: corporate experience, and an authorization and certification factor. The RFP further provided that all five of the phase 1 and phase 2 evaluation factors would be considered in making the award determination the five factors would be considered in descending order of importance the four non-price factors, combined, were more important than price and, “s the merits of the technical evaluation factors . . . become closer or even, price will become more important in the award determination.” Id. The RFP established a two-phase advisory down-selection process, and provided for award on a best-value tradeoff basis considering four non-price factors and price. The contractor would be responsible for administering approximately 650,000 of the 5,100,000 flood insurance policies active nationwide, but would also have to assume policies from “Write Your Own” insurance companies, should they leave the NFIP program or become defunct. The selected “NFIP Direct” contractor would be responsible for selling and servicing a subset of NFIP flood insurance policies characterized by the agency as “the highest risk,” that is, “policies for properties deemed too high of a risk for flood damage to be profitable.” Contracting Officer’s Statement at 1 AR, Tab M, Acquisition Plan, July 28, 2020, at 4. The contract would be performed over a 1-year base period, four 1-year option periods, and a 6-month extension option, with a guaranteed minimum amount of $10,000 and a maximum amount of $165 million. The RFP contemplated the award of a single indefinite-delivery, indefinite-quantity (IDIQ) contract under which fixed-price and/or time-and-materials task orders would be issued. See RFP Contracting Officer’s Statement at 2. On July 29, 2020, the agency issued the RFP pursuant to Federal Acquisition Regulation (FAR) part 12, acquisition of commercial items, and part 15, contracting by negotiation. The NFIP sells and administers flood insurance policies either through an arrangement with private “Write Your Own” insurance companies or, at issue here, through an “NFIP Direct” contractor. The NFIP is managed by FEMA and its Federal Insurance Mitigation Administration. Agency Report (AR), Tab E, Final RFP After Amendment 2 (RFP) AR, Tab F, RFP Attachment A, Performance Work Statement (PWS) at 2‑3. The National Flood Insurance Program (NFIP), created by Congress through the National Flood Insurance Act of 1968 and as revised since then, makes federally‑backed flood insurance available to eligible communities. The protester primarily challenges the agency’s price evaluation, as well as the conduct of discussions, the evaluation of the awardee’s proposal under the non‑price factors, and the best-value tradeoff decision. Torrent Technologies, Inc., of Overland Park, Kansas, protests the award of a contract to National Flood Services, LLC (NFS), of Kalispell, Montana, under request for proposals (RFP) No. 70FA6020R00000003, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for flood insurance policy administration. Protest challenging the agency’s best-value tradeoff decision is denied where the agency documented its basis for award to a lower-rated, lower-priced offeror and where the underlying evaluation was reasonable. Protest challenging the agency’s evaluation of the awardee’s proposal under the non-price factors is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation.Ĥ. Protest alleging that discussions with the protester were misleading with regard to price is denied where the discussions were consistent with applicable procurement law and regulation.ģ. Protest challenging the agency’s price evaluation is denied where the record shows that the evaluation was reasonable and consistent with the terms of the solicitation and applicable procurement law and regulation also, protest alleging that the agency waived an aspect of the pricing structure for the awardee is denied where there is no basis in the record to find that such a waiver occurred.Ģ. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.ġ. Rina Martinez, Esq., Department of Homeland Security, for the agency.Īpril Y. Stokes, Esq., and Craig Barrett, Esq., Crowell & Moring LLP, for National Flood Services, LLC, the intervenor. Castellat, Esq., Greenberg Traurig LLP, for the protester.ĭaniel R. Schaengold, Esq., Melissa Paige Prusock, Esq., Danielle K.
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