Harmonia Holdings Group, LLC v. United States, No. 20-1703 (Fed. Cir. 2021)Annotate this Case
The Census Bureau issued a request for quotations seeking statistical analysis system and database programming support services. The Bureau intended to issue a time and materials task order, set aside for women-owned small businesses; the contract award would be made on a best-value basis, considering price and four nonprice factors. The Bureau’s technical evaluation team assigned Harmonia’s proposal nine strengths, no weaknesses, and two risks under factor one, the technical factor; its proposals to cross-train its development staff and to introduce an extract, transform, and load (ETL) automation tool could provide efficiencies but Harmonia’s proposed cross-training and use of an ETL automation tool could result in delays in contract performance. The contracting officer found no meaningful differences in the Harmonia and Alethix proposals with respect to factors two, three, and four; the tradeoff analysis was rooted in the technical factor: The Bureau awarded Alethix the contract.
Harmonia filed a protest, challenging the technical evaluation, alleging that the contracting officer violated 48 C.F.R. 19.301-1(b) by failing to refer Alethix to the Small Business Administration for a size determination, and challenging the best-value determination, The Federal Circuit affirmed the Claims Court in granting the government judgment on the administrative record with respect to Counts I and III and dismissing Count II for failure to exhaust administrative remedies. Harmonia had not availed itself of the SBA’s procedures for bringing a size protest.