Link: GAO Opinion
Agency: Department of the Army
Disposition: Protest sustained.
General Counsel P.C. Highlight:
GAO sustained the protest of Global Dynamics, LLC (GD) regarding the exclusion of its proposal from competitive range under a request for proposals (RFP), issued by the Department of the Army for registered nursing services for the San Antonio Military Healthcare System.
The RFP contemplated award of an indefinite-quantity/indefinite-delivery contract for a five-year period. The non-price factors included: personnel methodology; management capability; staffing approach; and past performance. The personnel methodology factor included three subfactors: recruitment plan; retention and employee relations plan; and compensation plan.
Global protested the exclusion of its proposal from competitive range, arguing that weaknesses under the personnel methodology factor were without basis. Specifically, the protester argues against the agency’s ratings under the recruitment plan subfactor and the retention and employee relations plan subfactor. As to the recruitment plan subfactor, GAO found that the record did not support the agency’s evaluation. Basically, GAO concluded that the agency could have rated Global’s proposal higher under the subfactor, rather than counting its weaknesses to exclude its proposal, especially where the evaluators did identify a strength under the subfactor.
As to the retention and employee relations plan subfactor, GAO again agreed with Global, that the evaluators’ findings were unreasonable. The evaluators found that Global’s proposal failed to address concerns under the subfactor. However, GAO concluded that Global’s proposal did address the concerns of the agency and the record does not support the agency’s evaluation of the proposal under the retention and employee relations plan subfactor.