Capgemini Government Solutions, LLC (RFQ-1645904)

B-421962 Oct 04, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Capgemini Government Solutions, LLC, of McLean, Virginia, protests the General Services Administration's (GSA) refusal to complete a past performance questionnaire for consideration in the evaluation conducted under request for quotations (RFQ) No. 1645904/47HAA023Q0126, issued by GSA for information technology (IT) operations and maintenance and development support services. The protester contends that the agency's decision not to complete a past performance questionnaire for the incumbent contract is unreasonable. We dismiss the protest. 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: Capgemini Government Solutions, LLC File: B-421962 Date: October 4, 2023 Ian Cronogue, Esq. and H. Todd Whay, Esq., Baker, Cronogue, Tolle & Werfel, LLP, for the protester. Shirin Ahlhauser, Esq., General Services Administration, for the agency. Christopher Alwood, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency official’s failure to complete a past performance questionnaire for an upcoming procurement is dismissed as premature where protest was filed prior to the completion of the agency’s evaluation and the agency has not otherwise provided substantive notice that it interprets the solicitation to prohibit the evaluation of past performance on the incumbent contract. DECISION Capgemini Government Solutions, LLC, of McLean, Virginia, protests the General Services Administration’s (GSA) refusal to complete a past performance questionnaire for consideration in the evaluation conducted under request for quotations (RFQ) No. 1645904/47HAA023Q0126, issued by GSA for information technology (IT) operations and maintenance and development support services. The protester contends that the agency’s decision not to complete a past performance questionnaire for the incumbent contract is unreasonable. We dismiss the protest. BACKGROUND On August 30, 2023, the agency issued the RFQ to firms holding contracts under GSA’s Alliant 2 governmentwide acquisition contract. Req. for Dismissal, exh. 1, RFQ at 1; Req. for Dismissal at 1.[1] The RFQ contemplates the issuance of a task order for a 12‑month base period and four 12‑month option periods to provide IT operations and maintenance and development services in support of both existing and future GSA IT applications. RFQ at 19‑20; Protest, exh. 2, Performance Work Statement at 3. The RFQ provides for award on a best‑value tradeoff basis considering price and the following non-price factors: technical approach, past performance, and management approach. RFQ at 9, 19. The solicitation provides for a two‑phase procurement. In phase 1, the agency will evaluate quotations under the past performance and management approach factors. Id at 14‑15. After phase I evaluations, the agency will eliminate any quotations that receive an adjectival rating lower than “good” under either factor. Id. In phase 2, the agency will evaluate quotations under the technical approach and price factors. Id. at 15. As relevant here, the RFQ instructs vendors to distribute an attached past performance questionnaire to all past performance references included in their quotation. Id. at 11. The completed questionnaires are to be returned by the reference directly to one of the two contracting officers listed in the solicitation. Id. at 11‑12. Vendors were also required to identify in their quotations the references to whom the vendors had submitted questionnaires. Id. at 11‑12. The solicitation explains that the agency could consider both past performance information submitted by the vendors as well as from other sources available to the agency. Id. at 18. Capgemini is the incumbent contractor for the instant requirement. On September 6, Capgemini sent the RFQ’s past performance questionnaire to the contracting officer’s representative (COR) on the incumbent contract. Protest, exh. 4, Questionnaire Emails at 1‑2. On September 7, the COR replied: I’ve been advised to decline your request to provide an evaluation to the Contracting Office. This will prevent any conflict of interest issues related to any pending solicitation and subsequent review as a member of the Tech Evaluation Board. Therefore, I recommend you consider another Capgemini contract to solicit past performance information. Id at 1. On September 11, this protest followed. DISCUSSION The protester contends that the agency’s actions here indicate that the agency will not consider Capgemini’s past performance under the incumbent contract despite no such prohibition existing in the RFQ. Protest at 7.