Comprehensive Health Services, Inc., B-285048.3; B-285048.4; B-285048.5; B-285048.6, January 22, 2001
Case: B-285048.3
Agency:
Protester: Comprehensive Health Services, Inc., B
Date: 2001-01-22
Denied
Comprehensive Health Services, Inc., B-285048.3; B-285048.4; B-285048.5; B-285048.6, January 22, 2001
TITLE: Comprehensive Health Services, Inc., B-285048.3; B-285048.4; B-285048.5; B-285048.6, January 22, 2001
BNUMBER: B-285048.3; B-285048.4; B-285048.5; B-285048.6
DATE: January 22, 2001
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Comprehensive Health Services, Inc., B-285048.3; B-285048.4; B-285048.5;
B-285048.6, January 22, 2001
Decision
Matter of: Comprehensive Health Services, Inc.
File: B-285048.3; B-285048.4; B-285048.5; B-285048.6
Date: January 22, 2001
Cyrus E. Phillips, IV, Esq., for the protester.
Joseph J. Petrillo, Esq., and Karen D. Powell, Esq., Petrillo & Powell, for
Hummer Whole Health Management, Inc., an intervenor.
Merilee D. Rosenberg, Esq., Department of Veterans Affairs, for the agency.
Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency determination that protester's proposal to hire incumbent
contractor's employees to perform contract presented a risk to the agency
was reasonable where protester did not furnish required letters of intent
from proposed personnel, and protester proposed a lower salary and fewer
benefits than the incumbent employer.
2. Best-value analysis was reasonable where agency fully considered the
difference in awardee's and protester's proposed prices and determined that
the additional benefits offered by the awardee were worth its higher price.
DECISION
Comprehensive Health Services, Inc. protests the award of a contract to
Hummer Whole Health Management, Inc. under Department of Veterans Affairs
(VA) request for proposals (RFP) No. 101-03-00, for the operation of a
comprehensive program of occupational health and wellness for VA and other
specified agencies.
We deny the protest.
The RFP, for a fixed-price requirements contract, contained two statements
of work (SOW). The first addressed the majority of services, including
treatment of occupational and non-occupational illnesses and injuries, an
employee assistance program, and other additional services. The second
described the services required to run the VA fitness facility. The RFP
provided that offerors who first demonstrated that they had performed
similar occupational health services during the past 5 years would be
evaluated on a best-value basis under the factors past performance, oral
presentation, organizational review and price. Past performance and the
technical factors combined were worth significantly more than price in the
award decision. With respect to price, offerors were required to propose
(for a base period and each of four option periods) fully loaded hourly
rates for designated labor categories, unit prices for optional medical
services, and other direct costs.
Four proposals were received and, following the initial evaluation, three,
including Comprehensive's and Hummer's, were placed in the competitive range
for discussion purposes. Competitive Range Determination (CRD) at 6.
Following discussions and the submission and evaluation of final proposal
revisions, Hummer's proposal was rated blue (exceptional) for its
technical/past performance proposal, and Comprehensive's was rated green
(acceptable). Hummer's evaluated price ($17,304,631.80) was the highest, and
Comprehensive's ($15,314,544.90) the second highest. Price Negotiation
Memorandum (PNM) at 9. VA performed a best value determination and concluded
that Hummer's superior technical proposal offered benefits to the government
that were worth its additional cost. Id. at 10-11; Best Value Determination
(BVD) at 6-7. Accordingly, award was made to Hummer.
Comprehensive challenges the evaluation and award decision on a number of
grounds. We have reviewed the record and find Comprehensive's arguments to
be without merit. We discuss Comprehensive's principal arguments below.
EVALUATION
Letters of Intent
The primary issue raised concerns the evaluation of Comprehensive's proposal
with respect to its proposed key personnel. In this regard, the solicitation
required that the medical support services be provided by key personnel or,
in their absence, by backup personnel. RFP at 36; RFP amend. No. 2 at
question 5. Offerors were required to identify their key and backup
personnel on "Proposed Key/Backup Personnel" forms, and to provide letters
of intent from those persons. RFP at 74, attach. 4.
Full decision text continues on ProtestIntel...