“DIGEST – Challenge to the agency’s award decision and evaluation of past performance of the awardee is denied where the evaluation was consistent with the terms of the solicitation.”
“BACKGROUND – This is BluePath’s seventh protest challenging this procurement before our Office. We provide a short history of the procurement below.
On July 30, 2019, the VA issued the RFQ, as a set-aside for SDVOSBs, to procure research services in order to produce scientific portfolio analyses of chronic diseases prevalent in the American veteran population. Agency Report (AR), Tab 3, RFQ at 7. The RFQ contemplated the award of a fixed-price contract with a 1-year base period and four 1-year option periods. Id. at 8. The RFQ identified three tasks: portfolio reviews and analyses, analysis of translational potential, and expedited literature reviews. Id. at 7-8.
The RFQ contemplated that a firm would perform expedited literature reviews by summarizing existing knowledge of research topics and current treatments for diseases affecting veterans. Id. at 7. The RFQ stated that literature reviews would support the portfolio review and analysis, which would consist of the VA gathering project-level data and researching strengths, weaknesses, and quality improvement recommendations for broad research efforts in a research topic area. Id. at 8. The analysis of translational potential would involve a review of the aims, results, and other relevant data elements of projects identified in research portfolios, and scoring the potential for translation to VA research projects through the creation of in-depth reports. Id.
The RFQ advised that award would be made on a best-value tradeoff basis, considering technical, price, and past performance factors. Id. at 2, 36. The RFQ also warned vendors that the lowest-priced quotation may or may not be deemed the best value. Id.
As relevant to the protest, an offeror’s past performance volume was required to identify up to five referenced contracts of similar size, scope, and complexity. Id. at 29. The agency would consider a vendor’s past performance based on the depth, breadth, relevancy, and currency of contracts deemed similar to this procurement. Id. Additionally, amendment 1 required that past performance include prime vendor information. Id. at 53.
Four vendors, including BluePath and Rios Partners, submitted quotations prior to the August 14 closing date. BluePath Labs, LLC–Recon., supra at 2. On August 30, the agency made award to Rios Partners. Id. Between September 2019 and May 2020, BluePath filed several post-award actions with our Office. BluePath Labs, LLC, B‑417960, Sept. 27, 2019 (unpublished decision); BluePath Labs, LLC, B‑417960.2, B‑417960.3, Feb. 4, 2020 (unpublished decision); BluePath Labs, LLC–Costs, B-417960.4, May 19, 2020, 2020 CPD ¶ 175; BluePath Labs, LLC, B‑417960.5, May 21, 2020 (unpublished decision); BluePath Labs, LLC–Recon., B-417960.6, July 10, 2020, 2020 CPD ¶ 232.
As relevant here, in February 2020, in response to the B-417960.2 and B-417960.3 protests (B-417960.2 protest), the agency terminated the previous award to Rios Partners and indicated its intent to take corrective action by conducting discussions, soliciting and evaluating revised proposals, and making a new award decision…”
“DISCUSSION – BluePath contends that the agency’s evaluation of Rios Partners’s past performance was flawed because it failed to comply with the solicitation requirement to evaluate past performance of the prime contractor. Protest at 3. The protester also contends that the agency’s best-value determination was improper. Id. at 5. We have reviewed the protester’s arguments and find no basis to sustain the protest.
Interested Party Status
As a threshold matter, the agency requests dismissal of the protest on the basis that the protester is not an interested party to challenge the agency’s evaluation of Rios Partners’s past performance because BluePath’s quotation was found ineligible for award. Memorandum of Law (MOL) at 13. The agency advances two arguments to support this contention; however, neither allegation provides a basis to dismiss the protest.
First, the agency asserts the protester is ineligible for award and therefore not an interested party to challenge the awardee’s evaluation. In this regard, the agency argues that BluePath’s quotation violated the limitation on subcontracting, which provides that in the case of a contract for services (except construction), a small business concern will not pay a firm that is not similarly situated more than 50 percent of the amount paid to the concern by the government. MOL at 13-14 (citing 13 C.F.R § 125.6). Specifically, the agency asserts that based on the labor categories identified in BluePath’s quotation, its subcontractor–a non-SDVOSB–will perform more than 50 percent of the requirement. Id. at 15-16
An agency’s judgment as to whether a small business vendor can comply with the limitation on subcontracting provision is generally a matter of responsibility and the contractor’s actual compliance is a matter of contract administration…”
“DECISION – BluePath Labs, LLC (BluePath), a service-disabled veteran-owned small business (SDVOSB) of Washington, D.C., protests the award of a contract to Rios Partners, of Arlington, Virginia, under request for quotations (RFQ) No. 36C24E19Q0127, issued by the Department of Veterans Affairs (VA) for research analysis services. BluePath contends that the agency’s award decision and evaluation of the awardee’s past performance were flawed.
We deny the protest.”
