FedWriters, Inc. (75R60223Q00198)

B-422169 Jan 31, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights FedWriters, Inc., of Fairfax, Virginia, a small business, protests the exclusion of its quotation from the competitive range under request for quotations (RFQ) No. 75R60223Q00198, issued by the Department of Health and Human Services (HHS) for technical and professional services for an integrated health communication, marketing, education, and information dissemination campaign for the agency's Health Resources and Services Administration. FedWriters argues that HHS unreasonably rejected its quotation as unacceptable. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: FedWriters, Inc. File: B-422169 Date: January 31, 2024 Lewis P. Rhodes, Esq., and Orest J. Jowyk, Esq., Reston Law Group, LLP, for the protester. Lucy G. Mac Gabhann, Esq., and Jon J. Gottschalk, Esq, Department of Health and Human Services, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency improperly evaluated protester’s quotation for the establishment of multiple blanket purchase agreements as unacceptable is denied where the record shows that determination was reasonable and consistent with the terms of the solicitation. DECISION FedWriters, Inc., of Fairfax, Virginia, a small business, protests the exclusion of its quotation from the competitive range under request for quotations (RFQ) No. 75R60223Q00198, issued by the Department of Health and Human Services (HHS) for technical and professional services for an integrated health communication, marketing, education, and information dissemination campaign for the agency’s Health Resources and Services Administration. FedWriters argues that HHS unreasonably rejected its quotation as unacceptable. We deny the protest. BACKGROUND HHS issued the RFQ on August 4, 2023, seeking quotations from small businesses holding Federal Supply Schedule (FSS) contracts. The RFQ anticipated the establishment of multiple blanket purchase agreements (BPA) for a base year and four option years. The RFQ identified two evaluation factors: technical quote and price quote. Agency Report (AR), Tab 2.1, RFQ at 17. [1] The responses to the two factors were to be submitted as separate enclosures. The RFQ warned that the technical quote response could not include references to the vendor’s cost/price, but data concerning “labor hours and categories” was to be provided in the technical quote submission. Id. The RFQ specified that BPAs would be established with the vendors whose quotations “conform[ed] to this RFQ,” and offered “the lowest price.” Id. at 19. The technical quote factor response, which could be in Microsoft Word or Adobe format, was to provide an overview of the firm’s organization and past performance. Id. at 17. The RFQ instructed each vendor to explain how its “organization could assist [the agency],” how the vendor’s “experience, familiarity, resources, and expertise is consistent with the [agency’s] work,” and how its “expertise will provide premier insight.” Id. For the price quote factor, the RFQ directed vendors to submit pricing as a Microsoft Excel spreadsheet, as well as “[s]upporting [d]ocumentation,” including “a copy of their GSA [General Services Administration] Rate Agreement and indicate discounts being offered.” Id. at 18. In an amendment, HHS provided a template spreadsheet that consisted of one sheet on which were listed 20 labor categories/job titles, for each of which there was an empty cell for the vendor to enter a GSA contract “job title,” and three cells per year to enter a “GSA Hourly Rate,” a “Discount [percentage]” and a “GSA Discounted Hourly Rate” for each labor category. AR, Tab 2.2, RFP Pricing Volume Template at 1. The spreadsheet also stated, “[v]endor can add their own labor category - that they think is necessary for this type of work.” Id. The RFQ also instructed vendors: Offerors must comply with the detailed instructions for the format and content of the quote; quotes that do not comply with the detailed instructions for the format and content of the quote will be considered non-responsive and will render the offeror ineligible for award. AR, Tab 2.1, RFQ at 16.[2] In response to a vendor’s inquiry about the format for pricing submissions, HHS responded that it had: attached a template. Please note . . . we have requested the Offerors to provide their GSA Rate agreement and indicate the discounts being offered. As stated . . .