GiaCare and MedTrust JV, LLC
Case: B-407966
Agency: Department of Defense : Department of the Army
Protester: GiaCare and MedTrust JV, LLC
Date: 2016-11-02
Sustained
B-407966
May 06, 2013
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Highlights
Global Dynamics, LLC (GD), of Columbia, Maryland, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W81K04-12-R-0025, issued by the Department of the Army for registered nursing services for the San Antonio Military Healthcare System. The protester contends that the decision to exclude its proposal was the result of an improper evaluation.
We sustain the protest.
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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: Global Dynamics, LLC
File: B-407966
Date: May 6, 2013
Craig A. Holman, Esq., and Lauren J. Schlanger, Esq., Arnold & Porter LLP, for the protester.
Antonio R. Franco, Esq., and Alexander O. Levine, Esq., PilieroMazza PLLC, for GiaCare and MedTrust JV, LLC, an intervenor.
Capt. Ahsan Nasar, Department of the Army, for the agency.
Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest of exclusion of protesters proposal from the competitive range is sustained where evaluation under two subfactors was unreasonable, and reasonable evaluation might have resulted in a different competitive range determination.
DECISION
Global Dynamics, LLC (GD), of Columbia, Maryland, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. W81K04-12-R-0025, issued by the Department of the Army for registered nursing services for the San Antonio Military Healthcare System. The protester contends that the decision to exclude its proposal was the result of an improper evaluation.
We sustain the protest.
BACKGROUND
The RFP, which was issued on September 14, 2012, contemplated the award of an indefinite-quantity/indefinite-delivery contract for a 5-year period to the offeror whose proposal represented the best value to the government. Proposals were to be evaluated on the basis of price and the following four non-price factors, in descending order of importance: personnel methodology, management capability, staffing approach, and past performance. When combined, the non-price factors were significantly more important than price. The personnel methodology factor was comprised of three equally-weighted subfactors: recruitment plan, retention and employee relations plan, and compensation plan. Proposals were to be rated under the first three factors as blue/outstanding, purple/good, green/acceptable, yellow/marginal, or red/unacceptable;[1] under the past performance factor, they were to be rated as substantial, satisfactory, limited, no, or unknown confidence. Price was to be evaluated by multiplying offerors fully burdened hourly rates for the services by estimated quantities set forth in the RFP.
Under the recruitment plan subfactor, offerors were to describe their management approach to recruiting personnel; demonstrate their understanding of the type of services required and the required qualifications for personnel; furnish support for the wage, salary, and fringe benefit rates proposed; and demonstrate an understanding of the San Antonio registered nursing market. RFP, amend. 0002, at 84. Under the retention/employee relations plan subfactor, offerors were to describe, and support with market research, their approach to retaining personnel with minimal turnover, and describe their employee relations plans, including their methods of communicating timely information to contract service providers [CSPs] on subjects such as employee benefits, programs, and contract performance and their employee performance evaluation processes. Id. at 84-85.
The agency received [deleted] timely proposals. A source selection evaluation board evaluated the proposals and assigned overall ratings of [deleted] to [deleted] of the [deleted] proposals. The remaining 6 proposals were rated as follows:
Off. A
Off. B
Off. C
Off. D
Protester
Off.
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