Rice Solutions, LLC (RFP-22-026)

B-420475 Apr 25, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Rice Solutions, LLC, a small business of Plymouth, New Hampshire, protests the award of a contract to SOPOR LLC, of Manchester, Kentucky, under request for proposals (RFP) No. 75H70622R00002, issued by the Department of Health and Human Services, Indian Health Service (IHS), for certified registered nurse anesthetist (CRNA) services at the Great Plains Area, Pine Ridge Service Unit (PRSU) healthcare facility in South Dakota. The protester primarily argues that the agency's conduct of the procurement was unreasonable because IHS unfairly engaged in discussions with only the awardee. We sustain the protest. View Decision Decision Matter of: Rice Solutions, LLC File: B-420475 Date: April 25, 2022 Derek Knoll, Rice Solutions, LLC, for the protester. Giovanna Jean-Baptiste, Esq., Terrius Greene, Esq., Department of Health and Human Services, for the agency. Emily R. O’Hara, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that the agency improperly conducted discussions with only one offeror is sustained where the record does not support the agency’s contention that it established a competitive range of one on a de facto basis before holding discussions with only the awardee. DECISION Rice Solutions, LLC, a small business of Plymouth, New Hampshire, protests the award of a contract to SOPOR LLC, of Manchester, Kentucky, under request for proposals (RFP) No. 75H70622R00002, issued by the Department of Health and Human Services, Indian Health Service (IHS), for certified registered nurse anesthetist (CRNA) services at the Great Plains Area, Pine Ridge Service Unit (PRSU) healthcare facility in South Dakota. The protester primarily argues that the agency’s conduct of the procurement was unreasonable because IHS unfairly engaged in discussions with only the awardee. We sustain the protest. BACKGROUND The solicitation, issued on December 10, 2021, pursuant to the procedures of Federal Acquisition Regulation (FAR) part 12, sought proposals for a non-personal services contract to provide CRNA services at the PRSU healthcare facility in Pine Ridge, South Dakota. Agency Report (AR), Ex. 1, RFP at 2, 8;[1] Additional Development (AD) Resp. at 3. The healthcare facility services the Native American population on the Oglala Lakota reservation in rural South Dakota. RFP at 8. The solicitation sought a CRNA contractor to provide critical anesthesia services in the surgery, emergency room, acute care nursing, outpatient/inpatient units, labor and delivery, and nursery departments within the PRSU. Id. The RFP contemplated the award of a fixed-price, indefinite-delivery, indefinite-quantity contract for one base year and four option years. Id. at 33. The solicitation anticipated that award would be made to the responsible offeror whose offer “will be most advantageous to the [g]overnment, price and other factors considered.”[2] Id. at 177. The listed technical evaluation factors were: problem and approach; past performance; and key personnel. Id. The solicitation, however, provided conflicting descriptions of the weight of the technical factors.[3] Additionally, the RFP did not provide the importance of price in relation to the technical factors.[4] The agency intended to make award without discussions, but reserved the right to conduct discussions if necessary. Id. at 180. The agency received three proposals in response to the solicitation, including proposals from SOPOR and Rice Solutions.[5] The members of the technical evaluation team (TET), individually reviewed and rated each proposal. AR, Ex. 4, TET Summary. Thereafter, on January 6, 2022, the TET convened to reach a group consensus about the overall technical acceptability of the proposals. Contracting Officer’s Statement (COS) at 3. The TET considered Rice Solutions to be their “second choice” for award. TET Summary at 2, 5. The TET summary never specified that Rice Solutions was eliminated from the competition. Following the TET evaluation, the agency immediately entered into discussions with SOPOR on January 7. AD, Attach. 1, Supp. COS at 1. On January 11, the agency requested a best and final offer (BAFO) only from SOPOR, which it provided the same day. Id. at 1‑2; AD Resp. at 6. On January 12, the contracting officer, who was also the source selection authority (SSA), selected SOPOR for award. The SSA’s award decision summarized the assessment of proposals as follows:[6]   Rice Solutions SOPOR Overall Technical Acceptability Unacceptable Acceptable Price $16,464,366 $11,797,386[7]   SSD at 1-2.