Compel JV, LLC (283-23-0593)

B-421328 Mar 08, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Compel JV, LLC, of Milwaukee, Wisconsin, protests the decision by the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), to exclude Compel's proposal from consideration under request for task order proposals (RFTOP) No. 283-23-0593, titled "SAMHSA 988 & Behavioral Health Crisis Coordinating Office Communications Support." Protest at 1.1 Compel's proposal was excluded from consideration based on the agency's determination that it failed to provide all of the information required by the solicitation. Compel contends that its proposal contained all information "reasonably considered to be required" and, alternatively, asserts that the solicitation contained latent ambiguities. Id. at 10-14. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. The entire decision has been approved for public release. Decision Matter of: Compel JV, LLC File: B-421328 Date: March 8, 2023 Gary J. Campbell, Esq., and Joshuah R. Turner, Esq., Perkins Coie LLP, for the protester. Kevin P. Connelly, Esq., Kelly E. Buroker, Esq., and Jeffrey M. Lowry, Esq., Vedder Price PC, for Jones Public Afffairs, LLC, the intervenor. Tony A. Ross, Esq., Department of Health and Human Services, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably excluded protester’s proposal from consideration where the proposal failed to include numerous calculations that were required by the terms of the solicitation. DECISION Compel JV, LLC, of Milwaukee, Wisconsin, protests the decision by the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), to exclude Compel’s proposal from consideration under request for task order proposals (RFTOP) No. 283-23-0593, titled “SAMHSA 988 & Behavioral Health Crisis Coordinating Office Communications Support.” Protest at 1.[1] Compel’s proposal was excluded from consideration based on the agency’s determination that it failed to provide all of the information required by the solicitation. Compel contends that its proposal contained all information “reasonably considered to be required” and, alternatively, asserts that the solicitation contained latent ambiguities. Id. at 10-14. We deny the protest. BACKGROUND On October 7, 2022, pursuant to section 16.505 of the Federal Acquisition Regulation (FAR), the agency issued the RFTOP to companies holding previously-awarded indefinite-delivery, indefinite-quantity (IDIQ) contracts for SAMHSA’s “Domain IV--Communication Projects.” Agency Record (AR), Tab 3A, Subtab 7, Clauses at 1; see Contracting Officer’s Statement at 1. The solicitation states that the objective of the procurement is “to provide a full range of communications . . . to further the 988 program awareness goals, including for audiences at higher risk of suicide.”[2] AR, Tab 3A, Subtab 2, Performance Work Statement (PWS) at 2. The solicitation contemplated issuance of a task order for a 1-year base period and four 1-year option periods; identified five core tasks and one optional task;[3] required submission of separate technical and business proposals; and provided that award “will be made to that responsible Offeror whose proposal is most advantageous to the Government, cost and other factors considered.”[4] AR, Tab 3A, Subtab 6, Proposal Instructions at 1, 3-4, 10-12. In conducting the prior IDIQ procurement, SAMHSA permitted submission of either (1) cost‑type proposals or (2) time-and-materials (T&M) proposals based on fully loaded labor rates from General Services Administration (GSA) schedule contracts; accordingly, SAMHSA awarded either cost‑type or T&M-type IDIQ contracts to multiple awardees. Of relevance to this protest, Compel was awarded a T&M IDIQ contract. As initially issued, the RFTOP stated that the agency “contemplated [award of] a Cost-Plus-Award-Fee (CPAF) type task order.” AR, Tab 3A, Subtab 6, Proposal Instructions at 1. As subsequently amended, in response to a question submitted by Compel, the solicitation stated that “a T&M type task order will be considered for offerors who were awarded a T&M type contract at the IDIQ level.” Tab 3B, RFTOP amend. 1, Questions and Answers at Question 14. With regard to proposal format and content, the solicitation contained various attachments identifying information the agency expected offerors to include in their proposals. Of particular relevance to this protest, attachment 10, titled “Breakdown of Estimated Cost,” listed various cost elements (including proposed labor categories) that offerors were required to identify in their business proposals.[5] See AR, Tab 3A, Subtab 13, Breakdown of Estimated Cost.