KMR, LLC, B-292860, December 22, 2003

B-292860 Dec 22, 2003 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights KMR, LLC protests the award of a task order contract to MindLeaf Technologies, Inc. under request for quotations (RFQ) No. F08651-03-R-0081, issued by the Department of the Air Force for centralized appointment and referral services for military healthcare facilities at Eglin Air Force Base and Hurlburt Field, Florida. KMR, the incumbent contractor for this work, challenges the reasonableness of the agency's evaluation of past performance and "best value" determination. We sustain the protest. View Decision B-292860, KMR, LLC, December 22, 2003 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: KMR, LLC File: B-292860 Date: December 22, 2003 Paul F. Khoury, Esq., Wiley Rein & Fielding, for the protester. Parish K. Shah, for MindLeaf Technologies, Inc., an intervenor. Maj. Brent Curtis, Department of the Air Force, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency unreasonably rated two vendors' quotations equal under past performance evaluation factor, where record does not support agency's finding that awardee's experience was relevant to the requirements of the solicitation. DECISION KMR, LLC protests the award of a task order contract to MindLeaf Technologies, Inc. under request for quotations (RFQ) No. F08651-03-R-0081, issued by the Department of the Air Force for centralized appointment and referral services for military healthcare facilities at Eglin Air Force Base and Hurlburt Field, Florida. KMR, the incumbent contractor for this work, challenges the reasonableness of the agency's evaluation of past performance and best value determination. We sustain the protest. The RFQ, issued as a small business set aside, contemplated the award of a fixed'price contract to a Federal Supply Schedule (FSS) vendor in accordance with Federal Acquisition Regulation (FAR) 8.4. The selected vendor was to operate a number of call centers and appointment desks, including the Centralized Appointment Call Center (CACC), Referral Management Center (RMC), Primary Care Manager by Name Desk (PCMBND), Tricare Plus Enrollment Center (TPEC), and several health clinic appointment desks that were to be operated like the CACC.[1] To operate these centers and desks, the vendor would have to verify beneficiary eligibility, schedule appointments, and process referral requests. The vendor would also have to register patients, assign them to a primary care manager, and enroll eligible patients in the Tricare Plus program as appropriate. The RFQ stated that award would be made to the vendor representing the best value, and listed past performance, mission capability, and price as evaluation factors in descending order of importance.[2] Mission capability was to be evaluated on a pass/fail basis whereas past performance was to be qualitatively evaluated. Past performance was to be evaluated [u]sing questionnaires received from the offerors' customers, and data independently obtained from other Government and commercial sources. The RFQ specified that the purpose of the past performance evaluation was to allow the Government to assess the offeror's ability to perform the effort described in this [RFQ], based on the offeror's demonstrated present and past performance on relevant contracts. RFQ, attach. 4, Basis for Contract Award, at 1'2. In its initial form, the RFQ defined relevant contracts to be contracts for Central Appoint Services at Military Installation[s], but this definition was eliminated from the RFQ by Modification 2 to the RFQ. AR, Tab 6, RFQ Modification 2. However, the RFQ stated that [o]nly references for same or similar type contracts [were] desired, RFQ, attach. 3, Proposal Preparation Instructions, at 2, and that [i]n evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this [RFQ]. RFQ, attach. 4, Basis for Contract Award, at 2. Under the RFQ evaluation scheme, [o]fferors with no relevant past or present performance history shall receive the rating 'neutral,' meaning the rating is treated neither favorably nor unfavorably. Id. Both KMR and MindLeaf submitted responses to the RFQ and received passing ratings for mission capability. KMR's proposed price was [REDACTED], while MindLeaf's was $4,418,578.92.