Vesa Health & Technology, Inc. (HT001523R0004)

B-421768 Jul 26, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Provizor Federal, Inc. (Provizor), of Columbia, Maryland, challenges the terms of request for proposals (RFP) No. HT001523R0004-MQS2-NG (Medical Q-Coded Support and Services – Next Generation), which was issued by the Department of Defense, Defense Health Agency (DHA), for the award of multiple indefinite-delivery, indefinite-quantity (IDIQ) contracts for health-related services. The protester argues that the terms of the solicitation are unduly restrictive of competition, enable unfair evaluation results, and are unclear and ambiguous. We deny the protest. View Decision Decision Matter of: Provizor Federal, Inc. File: B-421768 Date: July 26, 2023 Marilon Green-Hickson, for the protester. Colby L. Sullins, Esq., John G. Terra, Esq., and Kevin E. Bolin, Esq., Department of Defense, for the agency. Anh-Thi H. Le, and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that the terms of the solicitation improperly permit some offerors to consolidate multiple prior corporate experience references to increase self-scoring in a manner unduly restrictive of competition is denied where the protester’s interpretation of the solicitation is unreasonable and inconsistent with the solicitation’s terms. DECISION Provizor Federal, Inc. (Provizor), of Columbia, Maryland, challenges the terms of request for proposals (RFP) No. HT001523R0004-MQS2-NG (Medical Q-Coded Support and Services – Next Generation), which was issued by the Department of Defense, Defense Health Agency (DHA), for the award of multiple indefinite-delivery, indefinite-quantity (IDIQ) contracts for health-related services. The protester argues that the terms of the solicitation are unduly restrictive of competition, enable unfair evaluation results, and are unclear and ambiguous. We deny the protest. BACKGROUND The RFP, which was issued on November 15, 2022, and subsequently amended seven times, seeks proposals to provide health-related services in the areas of ancillary, dental, medical support, nursing, and physician services requirements. RFP at 1-3. The RFP anticipates the award of up to 5 IDIQ contracts, each with a 5-year base period of performance and a 5-year option period. Id. at 3, 94. The maximum ordering value of the multiple award IDIQ contracts is $44 billion. Id. at 3. The RFP provides for a 4-step evaluation process. Id. at 95. As discussed below, only step 2 of the evaluation process is relevant to the issues presented in this protest. Step 2 requires offerors to submit a self-scoring technical capability worksheet (“self-scoring worksheet”) that assigns points to offerors based on an offeror’s representations about its prior corporate experience providing the health-related services contemplated by the RFP. Id. Offerors are required to provide supporting documentation to validate all experience items claimed on the self-scoring worksheet. Id. If the agency cannot validate a claimed item based on the offeror’s supporting documentation or other sources available to it, the offeror may not be eligible for award. Id. Relevant here, the self-scoring criteria provide that the number of points an offeror can claim depends on, among other factors, the scope (type of medical services provided) and type II configuration experience (performance on full-service contracts) reported in the self-scoring worksheet. Id. Within these categories, one contract or one task order constitutes one item; the point value of each item claimed depends on the number of full-time equivalents (FTEs) placed on the contract or task order, with more FTEs placed meriting higher points. See RFP attach. 2, Self-Scoring Worksheet at Tab 2. For example, a single contract or task order that placed fewer than 3 FTE family practice physicians would earn 30 points, while a single contract or task order that placed over 12 FTE family practice physicians would earn 175 points. See id. On May 5, 2023, DHA issued RFP amendment 7 to revise the addendum to Federal Acquisition Regulation (FAR) provision 52.212-1 (Instructions to Offerors) to clarify how offerors were to self-score their respective prior experience and the necessary supporting documentation to validate the claimed experience. RFP amend. 7 at 1, 4. The amended instructions first provide that “[u]nless otherwise stated in this solicitation, [o]fferors shall not consolidate requirements for different performance periods on the same contract, task order, or order placed under a master agreement to obtain a higher point value as part of their supporting documentation.” Id. at 15; see also id., attach.