DecisionPoint Corporation (fka Emesec Inc; B-422245.5)

Category: Corporate certifications, mergers

Date: 13 November 2024

URL: https://www.gao.gov/products/b-422245.5

You should care

DecisionPoint Corporation protested Air Force’s rejection of its quote under a task order solicitation for cyber support services, claiming the agency improperly deemed its quote noncompliant with a certification requirement. The agency argued DecisionPoint failed to provide proof of a Level III Capability Maturity Model Integration (CMMI) certification at the time of proposal submission. DecisionPoint contended the certification requirement was misinterpreted and that its merger with EmeSec, which had occurred before proposal submission, satisfied the solicitation's requirements.

GAO sustained the protest, finding Air Force’s rejection unreasonable. While the solicitation required certification proof at submission, DecisionPoint’s merger with EmeSec made it the prime contractor before the quote deadline, and it possessed the required certification. GAO recommended reevaluation of DecisionPoint's quote, a new source selection decision, and reimbursement of DecisionPoint’s protest costs.

Digest

Protest challenging agency’s determination that protester’s proposal was ineligible for award because it failed to include proof of a required certification is sustained where the solicitation required proof that the prime contractor had the certification at the time of proposal submission and, due to a merger between the protester and its wholly owned subsidiary, the prime contractor has the required certification.