Gemini Tech Services, Inc. (W9124D19R0031)

B-418233.5,B-418233.6 Mar 02, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Gemini Tech Services, Inc., a small business of Willow Park, Texas, protests the award of a contract to Case Healthcare Solutions, Inc. (CHS), a small business of Reston, Virginia, under request for proposals (RFP) No. W9124D19R0031, issued by the Department of the Army for administrative recruiter support services at 268 United States Army Recruiting Command (USAREC) locations. The protester argues that the awardee's proposal failed to comply with the terms of the solicitation and that the agency unreasonably evaluated the awardee's proposal. The protest is denied. 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:  Gemini Tech Services, Inc. File:  B-418233.5; B-418233.6 Date:  March 2, 2021 Matthew Schoonover, Esq., John Mattox, Esq., Matthew Moriarty, Esq., and Ian Patterson, Esq., Schoonover & Moriarty, LLC, for the protester. Jason Blindauer, Esq., and Isaias Alba, Esq., Piliero Mazza PLLC, for the intervenor. Andrew J. Smith, Esq., Gregory O'Malley, Esq., and Eugenee Gray, Esq., Department of the Army, for the agency. Christine Milne, Esq., Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest allegation that the agency unreasonably waived material terms and conditions of the solicitation is denied where the protester failed to demonstrate that it suffered any competitive prejudice resulting from the agency’s actions. 2.  Protest allegation that the awardee’s proposal demonstrated intent to violate the Service Contract Act is denied where the awardee’s proposed pricing represented an unobjectionable below-cost offer. 3.  Protest allegation that the agency unreasonably evaluated the firm’s technical proposal is denied where the evaluation was consistent with the terms of the solicitation and any applicable procurement statutes and regulations. DECISION Gemini Tech Services, Inc., a small business of Willow Park, Texas, protests the award of a contract to Case Healthcare Solutions, Inc. (CHS), a small business of Reston, Virginia, under request for proposals (RFP) No. W9124D19R0031, issued by the Department of the Army for administrative recruiter support services at 268 United States Army Recruiting Command (USAREC) locations.  The protester argues that the awardee’s proposal failed to comply with the terms of the solicitation and that the agency unreasonably evaluated the awardee’s proposal.  The protest is denied. BACKGROUND On September 24, 2019, the Army issued the RFP to procure administrative recruiter support services at 268 USAREC locations throughout the United States.  Agency Report (AR), Tab 3, RFP at 1, 58.  Support personnel would prepare correspondence, schedule meetings, receive visitors, and various other administrative tasks.  Id. at 58.  The RFP contemplated the award of a fixed-price contract to be performed over a 1‑month phase-in period, an 11-month base period, and four 12-month option periods.  Id. at 20-24.  Award would be made on a lowest-price, technically acceptable basis considering price and technical capability factors.  RFP at 9, 28.  The technical capability factor identified three subfactors.  Id. at 28.  Each subfactor would receive a separate rating of acceptable or unacceptable, and only proposals with acceptable ratings for all three subfactors would be considered for award.  Id.  Proposed prices would be evaluated to determine whether they were fair, reasonable, and balanced.  Id.  CHS, Gemini, and 19 other offerors submitted proposals prior to the close of the solicitation period.  Memorandum of Law (MOL) at 5.  While both CHS and Gemini were found technically acceptable, CHS’s lower‑priced proposal was eliminated from the competition for failure to comply with Service Contract Act (SCA) labor standards requirements.[1]  Case HCS; INTEROP-ISHPI JV, LLC, B-418233.3, B-418233.4, Oct. 5, 2020 (unpublished decision) at 2.  On August 11, the agency awarded the contract to Gemini for $53,533,820.  Id.