BluePath Labs, LLC (36C24E19Q0127)

B-417960.4 May 19, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights BluePath Labs, LLC, a small business of Washington, District of Columbia, requests that our Office recommend that the Department of Veterans Affairs (VA) reimburse BluePath’s reasonable costs of filing and pursuing its protest, including reasonable attorney’s fees. The protester previously challenged the award of a contract by the VA to Rios Partners pursuant to request for quotations (RFQ) No. 36C24E19Q0127, which was issued for research analysis services. In response to the protester’s request for reimbursement, the VA agrees to reimburse the protester for its costs of pursuing its challenge to the agency’s conduct of discussions. We deny the request for a recommendation for reimbursement of any other costs. In response to the protester's request for reimbursement, the VA agrees to reimburse the protester for its costs of pursuing its challenge to the agency's conduct of discussions. We deny the request for a recommendation for reimbursement of any other costs. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  BluePath Labs, LLC--Costs File:  B-417960.4 Date:  May 19, 2020 Wayne A. Keup, Esq., Wayne Keup, PLLC, for the protester. Kathleen Ellis, Esq., Department of Veterans Affairs, for the agency. Evan C. Williams, Esq., and Stephanie B. Magnell, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST GAO denies the protester’s request for recommendation of reimbursement of the costs of pursuing protest grounds beyond those conceded by the agency which relate to the protester’s challenge to the agency’s conduct of discussions, because these other protest grounds are severable from the undisputed ground and were not otherwise independently clearly meritorious. DECISION BluePath Labs, LLC, a small business of Washington, District of Columbia, requests that our Office recommend that the Department of Veterans Affairs (VA) reimburse BluePath’s reasonable costs of filing and pursuing its protest, including reasonable attorney’s fees.  The protester previously challenged the award of a contract by the VA to Rios Partners pursuant to request for quotations (RFQ) No. 36C24E19Q0127, which was issued for research analysis services. In response to the protester’s request for reimbursement, the VA agrees to reimburse the protester for its costs of pursuing its challenge to the agency’s conduct of discussions.  We deny the request for a recommendation for reimbursement of any other costs. BACKGROUND On July 30, 2019, the VA issued the RFQ as a service-disabled veteran-owned small business set-aside under the commercial item procedures of Federal Acquisition Regulation (FAR) subpart 12.6.  Agency Report (AR), Tab 3, RFQ at 2-4; Contracting Officer’s Statement (COS) at 1.[1]  The RFQ contemplated the award of a fixed-priced contract with a 1-year base period and four 1-year option periods.  RFQ at 5, 8, 34.  The RFQ sought quotations for the production of scientific portfolio analyses of research topics, such as suicide prevention, opioid use/pain management, traumatic brain injury, post-traumatic stress disorder, and other chronic diseases prevalent in the U.S. veteran population.  Id. at 7.  The solicitation provided for award on a best-value tradeoff basis--using the comparative evaluation procedures of FAR 13.106-2(b)(3)--considering the following factors:  technical, past performance, and price.[2]  Id. at 2.  As relevant here, under the technical factor, vendors were required to demonstrate an adequate understanding of the agency’s requirement and the nature of the work to be performed under the RFQ.  Id.