Maxim Healthcare Staffing Services, Inc. (70CDCR24R00000003)

B-422389.2 Aug 21, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Maxim Healthcare Staffing Services, Inc., of Columbia, Maryland, protests the issuance of a task order to InGenesis, Inc., of San Antonio, Texas, under fair opportunity proposal request (FOPR) No. 70CDCR24R00000003, issued by the Department of Homeland Security, United States Immigration and Customs Enforcement (ICE), for on-site medical staffing services for ICE residents and detainees at the following facilities located in Texas: El Paso, Houston, Montgomery, Port Isabel, and Taylor. The protester contends that the exclusion of its proposal from consideration for the task order due to a temporary lapse in its System for Award Management (SAM) registration is unreasonable and contrary to the terms of the solicitation. We sustain 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: Maxim Healthcare Staffing Services, Inc. File: B-422389.2 Date: August 21, 2024 Hal J. Perloff, Esq., Steven A. Neeley, Esq., Melissa M. Kirby, Esq., and Eric J. Singley, Esq., Husch Blackwell LLP, for the protester. Edward J. Tolchin, Esq., Offit Kurman Attorneys-at-Law, for InGenesis, Inc., the intervenor. Diane Foose, Esq., and Joshua K. Adams, Esq., Department of Homeland Security, for the agency. Charmaine A. Stevenson, Esq., Maia Stephenson, and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency unreasonably found the protester was ineligible for task order award due to a temporary lapse in its System for Award Management (SAM) registration is sustained where the solicitation did not include Federal Acquisition Regulation provision 52.204-7 or otherwise notify offerors that they would be ineligible for award if their SAM registration was not active at the time of proposal submission. DECISION Maxim Healthcare Staffing Services, Inc.,[1] of Columbia, Maryland, protests the issuance of a task order to InGenesis, Inc., of San Antonio, Texas, under fair opportunity proposal request (FOPR) No. 70CDCR24R00000003, issued by the Department of Homeland Security, United States Immigration and Customs Enforcement (ICE), for on-site medical staffing services for ICE residents and detainees at the following facilities located in Texas: El Paso, Houston, Montgomery, Port Isabel, and Taylor. The protester contends that the exclusion of its proposal from consideration for the task order due to a temporary lapse in its System for Award Management (SAM) registration is unreasonable and contrary to the terms of the solicitation. We sustain the protest. BACKGROUND The agency issued the FOPR on October 20, 2023, to holders of ICE's Health Service Corps Medical Staffing indefinite-delivery, indefinite-quantity (IDIQ) contracts in accordance with Federal Acquisition Regulation (FAR) section 16.505. Contracting Officer's Statement (COS) at 6; Agency Report (AR), Tab 37, FOPR at 1. The FOPR contemplated the award of a single task order with a period of performance consisting of a 12-month base period, inclusive of a 2-month transition period, and four 12-month option periods. Id. at 2. The FOPR stated that award would be made based on a best-value tradeoff considering the following four factors listed in descending order of importance: (1) technical approach; (2) management approach; (3) plans; and (4) price. Id. at 3. The non-price factors, when combined, were significantly more important than the price factor. Id. The FOPR also stated: “All IDIQ terms, conditions, and attachments are in full force and effect as applicable[.]” Id. The agency received seven proposals, including from Maxim Healthcare Staffing Services, Inc., in response to the FOPR, and on February 16, 2024, the agency issued the task order to Maxim. COS at 6-7. However, on February 26, an unsuccessful offeror filed a protest with our Office challenging the agency's evaluation of proposals, as well as Maxim's eligibility for the award due to a lapse in its SAM registration. Id. at 7. The agency advised that it would take corrective action, and our Office dismissed the protest. Spectrum Healthcare Resources, Inc., B-422389, Mar. 21, 2024 (unpublished decision). During corrective action, the agency reevaluated proposals and performed a new best-value tradeoff. COS at 12. Regarding Maxim, the agency concluded as follows: The record indicates that Maxim Healthcare Staffing Services was registered in SAM.gov with an expiration date of October 10, 2023. The current SAM.gov record shows that Maxim had an activation date of November 21, 2023. Based on the data available to the [contracting officer] via SAM.gov, this indicates a lapse in registration between October 11, 2023, and November 21, 2023.