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B-409722.9 Apr 24, 2015 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Financial Asset Management Systems, Inc. (FAMS), of Atlanta, Georgia, protests the terms of request for proposals (RFP) No. ED-FSA-13-R-0010, which was issued by the Department of Education for student loan debt collection and administrative resolution services. FAMS challenges the past performance evaluation period stated in the solicitation and contends that the agency failed to provide sufficient time to prepare proposals. We deny the protest. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version, with no redactions, has been approved for public release. Decision Matter of: Financial Asset Management Systems, Inc. File: B-409722.9 Date: April 24, 2015 Kristen E. Ittig, Esq., and Thomas McSorley, Esq., Arnold & Porter LLP, for the protester. Tracey L. Sasser, Esq., and Jose Otero, Esq., Department of Education, for the agency. Susan K. McAuliffe, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the solicitation’s past performance evaluation period is unreasonably narrow, because the agency allegedly lacks reliable incumbent contractor data for the evaluation period, is denied where the record supports the reasonableness of the past performance evaluation criteria. 2. Protest that the agency failed to provide sufficient time to respond to the solicitation amendment and address past performance information is denied where the record shows that offerors were given a reasonable amount of time to prepare their proposals. DECISION Financial Asset Management Systems, Inc. (FAMS), of Atlanta, Georgia, protests the terms of request for proposals (RFP) No. ED-FSA-13-R-0010, which was issued by the Department of Education for student loan debt collection and administrative resolution services. FAMS challenges the past performance evaluation period stated in the solicitation and contends that the agency failed to provide sufficient time to prepare proposals. We deny the protest. BACKGROUND The Department of Education, Office of Federal Student Aid, contracts with private collection agencies to support its collection and administrative resolution activities for debts resulting from non-payment of student loans under several federal financial aid and loan programs. Memorandum of Law at 2. The solicitation, issued on July 30, 2013, provided for a 2-phase procurement for the award of multiple indefinite‑delivery/indefinite-quantity contracts for a 5-year base period and a 5-year option period for student debt collection and administrative services. RFP amend. No. 19 at 3. Phase I was completed in April 2014; 42 firms were selected to submit phase II proposals. This protest concerns phase II of the procurement. Contracting Officer (CO) Statement at 1. As relevant, the agency issued amendment No. 17 to the solicitation on December 19, 2014, which revised the evaluation criteria.[1] At that time, the closing date for receipt of proposals was January 16, 2015. On January 13, the agency issued amendment 20, which provided answers to 359 questions submitted by the offerors; the January 16 closing date, however, remained unchanged. Thirty-seven firms, including FAMS, an incumbent contractor, submitted timely proposals. The RFP, as amended, provides that awards are to be made to offerors whose proposals are deemed to be the most advantageous to the government under the following three technical evaluation factors, listed in descending order of importance: (1) inventory balance; (2) recovery rate/past performance; and (3) subcontracting commitment to small business. RFP amend. No. 19 at 57-58. The terms of the evaluation of the recovery rate/past performance factor are at issue in this protest. For this factor, the RFP explains that “[o]fferors will be evaluated based on their ability to recover on defaulted student loans, as demonstrated by Recovery Rates for the period of April 2013 through September 2014.” Id. at 57. Recovery rate is defined in the RFP as “dollars collected on defaulted loans during April 2013 through September 2014 divided by the total Inventory Balance on defaulted debt during April 2013 through September 2014.” Id. Dollars collected is defined as “regular collections, administrative wage garnishment payments, and final sale and transfer value of all debts rehabilitated.” Id. Under this factor, the RFP provides for consideration of offeror recovery rate information as well as past performance reference questionnaires.[2] Offerors were advised that the agency may supplement its evaluation with additional relevant information such as the firm’s performance on any federal government contract. Id.