AIMS-USGP JV, LLC (W81K0026FA070)

Case: B-424353 Agency: Department of the Army : Department of the Army Date: 2026-05-05 Dismissed
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B-424353 May 05, 2026 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights AIMS-USGP JV LLC (AIMS), a small business joint venture of Aldie, Virginia, protests the issuance of a task order to AcmeSolv, LLC, a small business of Bethesda, Maryland under task order request for proposals (RFP) No. 10417, issued by the Department of the Army, Army Medical Command for the provision of pharmacist services at the Brook Army Medical Center. The protester challenges the disqualification of its proposal under the solicitation's compensation plan evaluation factor. We dismiss the protest. View Decision Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Matter of: AIMS-USGP JV LLC File: B-424353 Date: May 5, 2026 Ryan C. Bradel, Esq., and Nicholas H. Hopkins, Esq., Ward & Berry, PLLC, for the protester. Emily J. Chancey, Esq., Maynard Nexsen PC, for AcmeSolv, LLC, the intervenor. Major Jonathan S. DeMille, John C. Degnan, Esq., Lieutenant Colonel Susan Kim, and Robert B. Neill, Esq., Department of the Army, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging disqualification of protester's proposal under compensation plan evaluation factor is dismissed as an untimely challenge to the terms of the solicitation. DECISION AIMS-USGP JV LLC (AIMS), a small business joint venture of Aldie, Virginia, protests the issuance of a task order to AcmeSolv, LLC, a small business of Bethesda, Maryland under task order request for proposals (RFP) No. 10417, issued by the Department of the Army, Army Medical Command for the provision of pharmacist services at the Brook Army Medical Center. The protester challenges the disqualification of its proposal under the solicitation's compensation plan evaluation factor. We dismiss the protest. BACKGROUND On January 29, 2026, using the procedures of Federal Acquisition Regulation (FAR) subpart 16.5, the agency issued the solicitation to small business holders of the Defense Health Agency's MQS2-NG indefinite-delivery, indefinite-quantity (IDIQ) contracts, seeking proposals for the provision of clinical pharmacist, outpatient pharmacist, and inpatient pharmacist services at the Brook Army Medical Center on Joint Base San Antonio, Texas and related outlying locations. Req. for Dismissal exh. 1, RFP Cover Letter at 1; Req. for Dismissal exh. 3, RFP attach. 2, Instructions and Evaluation Criteria at 1; Req. for Dismissal exh. 6, RFP Timeline at 1; Req. for Dismissal exh. 9, RFP attach. 1, Performance Work Statement (PWS) at 1-3. The solicitation contemplated issuance of a task order with a 6-month base period and four 1‑year option periods. Req. for Dismissal exh. 1, RFP Cover Letter at 1; Req. for Dismissal exh. 3, RFP attach. 2, Instructions and Evaluation Criteria at 1. The solicitation provided for award to be made on a best-value tradeoff basis considering each offeror's compensation plan, past performance, and price. Req. for Dismissal exh. 3, RFP attach. 2, Instructions and Evaluation Criteria at 6. The agency would evaluate an offeror's “[c]ompensation plan for each labor category, to include direct pay rate and fringe benefits,” to determine if it was “sufficient enough to attract and retain qualified health care providers.” Id. at 6. Offerors' compensation plans would be evaluated as either acceptable or unacceptable, and any offeror whose compensation plan received a rating of unacceptable would “not be eligible for award.” Id. at 6-7. For the past performance factor, the agency would evaluate the recency, relevancy, and quality of each offeror's past performance to assign a performance confidence rating. Id. at 8-9. The agency would evaluate offerors' prices for “reasonableness, balance, and completeness.” Id. at 10. The solicitation established that past performance and price were to be traded off against one another, with past performance being significantly more important than price. Id. at 6. Relevant here, with respect to the compensation plan factor, the solicitation set forth the following detailed evaluation methodology. The Government will evaluate the unburdened labor compensation plan rate and the rate of the fringe benefits separately. Costs for employee Compensation for private industry workers by occupational and industry group. The Government will utilize the following sources to establish the market research rates (as the average of all three sources) for THE UNBURDENED LABOR RATES for the evaluation purpose as below.

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