Innovative Pathways, LLC

Case: B-416100.2 Agency: Department of Labor Protester: Innovative Pathways, LLC Date: 2018-06-13 Denied
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B-416100.2 Jun 13, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Innovative Pathways, LLC, of Alexandria, Virginia, protests the award of a contract to Heritage Services Corporation, of Rockledge, Florida, under request for proposals (RFP) No. 1630J3-17-R-00007, by the Department of Labor for the operation of a Job Corps Center. The protester primarily challenges the agency's evaluation of its proposal and assessment of a deficiency under the phase-in/phase-out plan subfactor. We deny the protest. We deny 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:  Innovative Pathways, LLC File:  B-416100.2 Date:  June 13, 2018 William T. Welch, Esq., and Peter A. Fish, Esq., McMahon, Welch and Learned, PLLC, for the protester. Dennis A. Adelson, Esq., Peter J. Dickson, Esq., Alison E. Spurlock, Esq., and Vijaya S. Surampudi, Esq., Department of Labor, for the agency. April Y. Shields, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency's evaluation of protester's proposal is denied where the evaluation was reasonable and consistent with the assessment of a deficiency for failure to meet a material solicitation requirement. DECISION Innovative Pathways, LLC, of Alexandria, Virginia,[1] protests the award of a contract to Heritage Services Corporation, of Rockledge, Florida, under request for proposals (RFP) No. 1630J3-17-R-00007, by the Department of Labor for the operation of a Job Corps Center.  The protester primarily challenges the agency's evaluation of its proposal and assessment of a deficiency under the phase-in/phase-out plan subfactor. We deny the protest. BACKGROUND The RFP, issued on August 14, 2017, as a small business set-aside, sought a contractor to operate a Job Corps Center in Jacksonville, Florida.  The contractor would be responsible for providing academic and career training and related support services for students at the center, as well as outreach, admissions, and post-center transition services in Florida and the United States Virgin Islands.  The RFP contemplated the award of a single cost-plus-incentive-fee contract for a base period of performance from January 1, 2018, to January 31, 2020, and three 1-year option periods.  AR, Tab 1, RFP, at 4-8. Award would be made on a best-value basis considering five evaluation factors, listed in descending order of importance:  technical approach, relevant experience, staff resources, past performance, and cost.  The first three factors had multiple subfactors, each of which was considered relatively equal in importance.  RFP at 91-92. Of relevance here, the staff resources factor included a phase-in/phase-out plan subfactor that required offerors to provide transition plans that "shall include the period of time required for each action, staff requirements, and major steps to be accomplished during these periods."[2]  RFP at 84.  The RFP also provided that "the proposed approach to phase-in/phase-out will be evaluated in accordance with the degree to which the phase-in/phase-out plans demonstrate the offeror's knowledge [of] the scope of the tasks to be accomplished[,] and the adequacy of the corporate resources proposed to complete the tasks to be accomplished."  Id. at 94.  Finally, the RFP warned:  "If an offeror fails to address any of these topics in their submitted proposal, the proposal will be viewed as nonresponsive and/or deficient in this area."  Id. On or before October 6, 2017,[3] the agency received fourteen proposals.  Three were immediately rejected as unacceptable and, after its evaluation of initial proposals, the agency eliminated six more and established a competitive range of the remaining five offerors.  AR, Apr.

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