Logistics Management Institute (RMADA2-TORP-2020-0007)
Case: B-419219
Agency: Department of Health and Human Services : Centers for Medicare & Medicaid Services
Protester: Logistics Management Institute
Date: 2020-12-30
Denied
B-419219,B-419219.2
Dec 30, 2020
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Highlights
Logistics Management Institute (LMI), located in Tysons, Virginia, challenges the issuance of a task order to RELI Group, Inc., located in Catonsville, Maryland, under task order request for proposals (TORP) No. RMADA2-TORP-2020-0007, issued by the Department of Health and Human Services (HHS) for compliance support services. LMI contends that the agency unreasonably and unequally evaluated its technical proposal, conducted unequal discussions, and made a flawed best-value determination.
We deny 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: Logistics Management Institute
File: B-419219; B-419219.2
Date: December 30, 2020
Alexander J. Brittin, Esq., Brittin Law Group, PLLC; and Mary Pat Buckenmeyer, Esq., Dunlap Bennett & Ludwig PLLC, for the protester.
John R. Prairie, Esq., Brian G. Walsh, Esq., Cara L. Lasley, Esq., and Nicole E. Giles, Esq., Wiley Rein LLP, for RELI Group, Inc., the intervenor.
Douglas W. Kornreich, Esq., and Kevin Misener, Esq., Department of Health and Human Services, for the agency.
Alexander O. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest asserting that agency applied unstated evaluation criteria and unreasonably evaluated protester’s proposal is denied where the agency reasonably found that the approach proposed by the protester failed to demonstrate an understanding of the statement of work requirements.
2. Protest challenging the agency’s discussions with the awardee as unequal is denied where the agency was not obligated to conduct discussions with an offeror whose proposal was reasonably found to be unacceptable on the basis of that offeror’s failure to understand a significant statement of work requirement.
DECISION
Logistics Management Institute (LMI), located in Tysons, Virginia, challenges the issuance of a task order to RELI Group, Inc., located in Catonsville, Maryland, under task order request for proposals (TORP) No. RMADA2-TORP-2020-0007, issued by the Department of Health and Human Services (HHS) for compliance support services. LMI contends that the agency unreasonably and unequally evaluated its technical proposal, conducted unequal discussions, and made a flawed best-value determination.
We deny the protest.
BACKGROUND
On June 17, 2020, the agency issued the TORP, which contemplates the issuance of a task order under the Research, Measurement, Assessment, Design, & Analysis (RMADA) 2 indefinite-delivery, indefinite-quantity (IDIQ) contract. The solicitation seeks compliance support services for multiple models of care delivery and payment on behalf of HHS’s Center for Medicare and Medicaid Innovation (CMMI). These services cover a broad spectrum of compliance-related activities that include model participant vetting, monitoring, auditing, analytics, and education and outreach. Agency Report (AR), Tab 1, Contracting Officer’s Statement (COS) at 2. The following models were included within the scope of this task order: the Direct Contracting Model (DC), the Primary Care First Model (PCF), the Kidney Care Choices Model (KCC), and the End-Stage Renal Disease Treatment Choices (ETC) Model. Id. at 3.
The TORP anticipated the issuance of a cost-plus-fixed-fee task order with a 12-month base period and five 12-month option periods. AR, Tab 4, TORP at 1. The agency stated that it intended to make award without conducting discussions. Id. To determine the awardee, the solicitation stated that HHS would make a “best-value determination award to the highest technically rated offeror(s) that also demonstrate fair and reasonable pricing, using trade off, if deemed necessary or applicable in order to make such a best value assessment.” Id. at 11. In addition to evaluating cost and conflicts of interest, the solicitation anticipated the evaluation of three equally rated factors: technical approach, management plan, and personnel. Id.
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