Diversity Marketing and Communications, LLC

B-412196.2 Mar 09, 2016 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Diversity Marketing and Communications, LLC, a woman-owned small business of Florham Park, New Jersey, protests the terms of request for quotations (RFQ) No. SSA-RFQ-15-0240, issued by the Social Security Administration (SSA), for marketing and public relations support in the management of national public information campaigns. The protester argues that the terms of the solicitation are overly restrictive and favor the incumbent contractor. 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 has been approved for public release. Decision Matter of:  Diversity Marketing and Communications, LLC File:  B-412196.2 Date:  March 9, 2016 Barbara S. Kinosky, Esq., Marina Blickley, Esq., and Wojciech Kornacki, Esq., Centre Law & Consulting, LLC, for the protester. Dorothy M. Guy, Esq., Brandon Dell'Aglio, Esq., and Jennifer M. Siegel, Esq., Social Security Administration, for the agency. Peter D. Verchinski, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Solicitation requirement that limited the agency’s experience evaluation to prime contractor experience does not unduly restrict competition where the record demonstrates that the requirement is reasonably related to the agency’s needs. DECISION Diversity Marketing and Communications, LLC, a woman-owned small business of Florham Park, New Jersey, protests the terms of request for quotations (RFQ) No. SSA-RFQ-15-0240, issued by the Social Security Administration (SSA), for marketing and public relations support in the management of national public information campaigns.  The protester argues that the terms of the solicitation are overly restrictive and favor the incumbent contractor. We deny the protest. BACKGROUND The RFQ was issued on May 13, 2015 as a small business set-aside, and was limited to holders of Federal Supply Schedule (FSS) contracts pursuant to the procedures of Federal Acquisition Regulation (FAR) subpart 8.4.  The solicitation sought to obtain a marketing and public relations support service provider for the development, execution, and multi-channel distribution of public education communications that target diverse audiences and enable SSA to meet its public education objectives. The RFQ anticipated the establishment of a single blanket purchase agreement (BPA) for a 5‑year period, under which fixed-price orders would be placed.  RFQ amend. 1, at 43-44.  The RFQ contemplated award on a best‑value basis considering the following evaluation factors (listed in descending order of importance):  technical approach, experience, past performance, and price.  Id. at 44.  The agency received quotations from several firms, including Diversity, by the May 29 closing date.  Following an evaluation, the agency concluded that Diversity’s quotation represented the best value, and the agency established a BPA with Diversity on September 21.  After receiving notice of the award, Crosby Marketing Communications, Inc., the incumbent contractor, filed a protest with our Office.  In response, the agency took corrective action by canceling the BPA, amending the RFQ, and soliciting revised quotations from the vendors that responded initially.  Our Office subsequently dismissed the protest.  Crosby Mktg. Commc’ns, Inc., B‑412196, Oct. 27, 2015 (unpublished decision).  On November 24, the agency issued an amendment to the RFQ which revised the solicitation’s instruction and evaluation sections, and provided a new pricing schedule and statement of work (SOW).  RFQ amend. 1, at 1.  The amendment also provided for a revised period of performance and set the deadline for receipt of quotations as December 8.  Id. With regard to the experience evaluation factor, the amended RFQ instructed vendors to provide a list of at least three projects demonstrating that the company “has continuously and successfully provided marketing and public relations services in the past three years.”  Id. at 41.  The solicitation provided that the agency’s evaluation of a vendor’s experience would consider the extent to which the vendor can demonstrate recent and relevant experience in work similar to the agency’s requirements in terms of size, scope, and complexity, with particular emphasis on experience providing marketing and public relations services.  Id. at 44.  The solicitation additionally advised that the agency would not consider the experience of proposed subcontractors when evaluating contractor experience.  Id. at 45. With regard to the past performance evaluation factor, the solicitation instructed vendors to submit a past performance questionnaire for each reference listed under the experience factor.  Id.