Pathfinder Consultants, LLC (36C10B21R0007)

B-419509 Mar 15, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Pathfinder Consultants, LLC, of Washington, D.C., protests the terms of request for proposals (RFP) No. 36C10B21R0007, issued by the Department of Veterans Affairs (VA) for communications strategies and support services. Pathfinder complains that the RFP unreasonably omits past performance as an evaluation factor, and that the VA improperly failed to answer the firm's pre-proposal questions. We deny the protest. View Decision Decision Matter of:  Pathfinder Consultants, LLC File:  B-419509 Date:  March 15, 2021 Ronald S. Perlman, Esq., and Daniel P. Hanlon, Esq., Holland & Knight LLP, for the protester. Peter S. Kozlowski, Jr., Esq., Department of Veterans Affairs, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that the agency unreasonably omitted past performance as an evaluation factor is denied where the agency reasonably determined that evaluating offerors’ past performance records was not required.  2.  Protest that the agency unreasonably failed to respond to pre-proposal questions is denied where the protester did not demonstrate that the solicitation’s terms were otherwise inadequate, unclear, or ambiguous. DECISION   Pathfinder Consultants, LLC, of Washington, D.C., protests the terms of request for proposals (RFP) No. 36C10B21R0007, issued by the Department of Veterans Affairs (VA) for communications strategies and support services.  Pathfinder complains that the RFP unreasonably omits past performance as an evaluation factor, and that the VA improperly failed to answer the firm’s pre-proposal questions. We deny the protest. BACKGROUND On December 15, 2020, the VA issued the RFP to procure communications strategies and support services under the commercial item acquisition procedures set forth in Federal Acquisition Regulation (FAR) parts 12 and 15.  Agency Report (AR) Tab 4A, RFP at 1, 25; AR, Tab 4B, Combined Synopsis/Solicitation at 1.  The RFP sets forth many required tasks, including communication content management, development of communications strategies for important agency initiatives and high visibility projects, and other communications support functions (e.g., speaking engagement and congressional affairs support). RFP at 28-41.  The RFP also sets forth three optional tasks, including intra-division communication support, web maintenance, and transition‑out functions.  Id. at 41-42. The RFP contemplates the award of a contract with compensation to be made on both fixed-price and time‑and‑materials bases, and to be performed over a 12-month base period and two 12-month option periods.  RFP at 25.  Award will be made on a best‑value tradeoff basis, considering technical and price factors.  Id. at 115.  The technical factor is significantly more important than the price factor.  Id.  When evaluating technical proposals, the RFP provides that the agency will consider both an offeror’s understanding of the problem, and the feasibility of its approach.  Id.  When evaluating price proposals, the agency will consider total evaluated price (i.e., the total of each proposed fixed-price contract line item, and its proposed labor rates multiplied by the government-provided labor hours).  Id. at 115-16.  Of note, the RFP did not include past performance as an evaluation factor.  See id. Pre-proposal questions regarding the solicitation’s terms were to be submitted to both the contract specialist and the contracting officer by December 23, 2020.  AR, Tab 4B, Combined Synopsis/Solicitation at 3.  The RFP specified that the “Government shall coordinate a response.”  Id. On December 22, Pathfinder submitted a list of 49 questions.  Protest exh. A.1, Pathfinder’s First Set of Questions.  On December 29, the VA issued answers to questions submitted by the offerors as RFP, amend. 1.  AR, Tab 6A, RFP amend. 1, Questions and Answers.  After reviewing the answers, Pathfinder determined that the agency had only provided complete responses to seven of its 49 questions, and contacted the agency regarding the other questions.