B-419244: Nov 2, 2020
- Full Report:
AVER, LLC, a small business, of Washington, DC, challenges the issuance of a task order to IntePros Federal, Inc., also of Washington, DC, by the Department of Justice (DOJ), Justice Management Division, under request for proposals (RFP) No. 15JPSS20R0000048, which was issued for support of the agency's Executive Office for Immigration Review (EOIR). The protester argues that the awardee's proposal contained a material misrepresentation concerning the availability of an individual proposed for a key personnel position.
We dismiss the protest.
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release.
Matter of: AVER, LLC
Date: November 2, 2020
 All references to the RFP are to amendment No. 3.
 Citizant was the contractor that provided “similar support” to the requirements of the RFP. Protest at 3 n.1.
 This protest is within our jurisdiction to hear protests related to task and delivery orders placed under civilian agency multiple-award IDIQ contracts valued in excess of $10 million. 41 U.S.C. § 4106(f)(1)(B).
 On October 13, IntePros filed a request that our Office dismiss the protest. We provided AVER an opportunity to respond to the request; AVER filed its response on October 16.
AVER raises other collateral issues. Although we do not address all of them, we find that none provides a basis for our Office to review the protest. For example, the RFP stated that “[i]f an individual proposed is not presently an employee of your firm, the resume must be accompanied by a signed letter of commitment to join the firm should you be awarded the task order.” RFP at 41. IntePros’s request to dismiss the protest included parts of its proposal, including the letter of commitment provided by the individual proposed as its program manager, who is the subject of AVER’s arguments. Req. for Dismissal, exh. 1, IntePros Proposal Excerpts at 4.
In its response to the request for dismissal, the protester argues that the letter was defective because it did not specify terms of employment or a start date; the letter was addressed to the contracting officer and signed by the prospective employer, rather than addressed to the employer itself; the date for the signatures was typed rather than hand-signed; and the commitment of employment was contingent on award to “iTech AG, a member of the IntePros Federal Team” rather than award to IntePros. Response to Req. for Dismissal at 5-6. The protester does not show that any of these alleged omissions concerned information that was required by the terms of the RFP or that the information provided was inconsistent with the requirement to provide a “signed letter of commitment.” We therefore find that the protester’s argument fails to state a valid basis of protest. See 4 C.F.R. § 21.5(f) (protests that fail to clearly state legally sufficient grounds of protest will be dismissed).
 AVER does not specifically allege or otherwise establish that IntePros knew of the existence of the non-compete agreement, and the available record provided in the briefing does not address this matter. Similarly, the protester does not allege that the agency was aware of the non-compete agreement.
AVER also notes that the individual was still employed by Citizant on September 16 and was terminated on September 22. The protester argues that the awardee did not have a reasonable basis to propose the individual as the program manager, because “but for Citizant accelerating her last day to September 22, 2020, IntePros would not have had a Program Manager on the first day of the contract.” Protest at 15. These dates do not establish that the awardee could not have reasonably proposed the individual for the program manager position, as they concern actions by the individual after the award of the task order to end her employment with Citizant and begin her new employment with iTech. This is a matter of contract administration that our Office does not review. See 4 C.F.R. § 21.5(a); Patricio Enters. Inc., supra.