The protester contended the agency improperly considered portions of the awardee’s proposal that exceeded the page limit. GAO found this was fine because the agency could waive the page limit requirement. Offerors who exceed the page limit assume the risk that the agencies may not consider their submission.
Kako’o Spectrum Healthcare Solutions, LLC, GAO B-421127.5; B-421127.6
- Protest – The protester challenged the award of a contract for the services of certified athletic trainers and strength and conditioning specialists for the Marine Corps’ sports medicine and injury program. It argued the agency unreasonably evaluated portions of the awardee’s technical volume and unreasonably failed to assign additional strengths to the protester’s technical volume.
- Awardee’s Proposal – The protester maintained the agency improperly considered portions of the awardee’s proposal that exceeded the page limits. The agency responded that even if it considered the additional pages, it had essentially waived the page limit requirement, and the protester was not prejudiced by it. GAO sided with the agency. Any offeror exceeding the page limits assumes the risk that the agency may not consider their submission. However, the agency can waive the page limitations.
- Protester’s Proposal – The protester also claimed the agency should have assigned its management and staffing approach six additional strengths. Among these was the claim that the protester possessed “unparalleled experience with the required work structure, including utilizing its experienced [human performance] program manager.” The agency responded that the protester had already received a strength for this, but the protester argued that the agency had not specifically addressed the program manager’s experience. GAO was not persuaded. The protester had already received a strength for experience. This included the program manager’s experience. An additional strength was not warranted.
The protester was represented by Amy Laderberg O’Sullivan, Zachary H. Schroeder, and Issac D. Schabes of Crowell & Moring LLP. The intervenor was represented by Todd R. Overman, Sylvia Yi, and Adam R. Briscoe of Bass, Berry & Sims, PLC. The agency was represented by John Sabatino, Terri M. Sumner, and Christopher S. Colby of the United
States Marine Corps. Christine Martin and Tania Calhoun of GAO participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor.
