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The protester challenged a weakness assessed to its contract management plan for not addressing the role a contact manager would play in oversight. The protester argued that the RFP had stated proposals would be evaluated holistically. The protester believed this holistic approach meant that offerors had flexibility in formulating their contract management plan and didn’t need to specify the role of its contract manager. GAO rejected this argument, finding that the contract manager had a critical role in oversight and, notwithstanding the holistic language, offerors had to address this critical role.

Jackson Healthcare, LLC, GAO B-420759.5

Background 

Immigrations and Custom Enforcement (ICE) issued an RFP seeking medical staffing service for detainees. Several offerors, including Jackson Healthcare, submitted proposals. ICE established a competitive range with the five highest-rated offerors. Jackson was not included in the range. Jackson filed a protest objecting to its exclusion from the range.

Analysis

Transition Plan

Jackson challenged a weakness assessed to its transition place for only using a single transition team. Jackson denied that it proposed a single transition team, arguing ICE misread its proposal. GAO found the weakness was justified. Jackson’s proposal expressly stated that the company would use a single transition team for several different sites.

Contract Management Plan

ICE assessed weakness to Jackson’s contract management plan because the company didn’t provide detail on the role its contract service manager would play in management and oversight. Jackson contended the RFP stated that plans would be evaluated holistically. This holistic approach, Jackson reasoned, gave offerors flexibility in spreading management and oversight responsibilities, so a specific discussion of the contract service managers role was not required.

GAO rejected Jackson’s argument. The RFP required an assessment of the relationship between local and corporate management. The contract service manager was supposed to be the critical link between corporate and local management. Jackson had not designated anyone to fill this critical role.

Absence/Backfill Coverage Plan

Jackson objected to a weakness assessed to its backfill plan for not addressing how staff would be trained. GAO found the weakness was warranted because Jackson had omitted specific information about its training and qualifications of staff. ICE wasn’t required to infer this information.

Jackson also objected to a weakness it received for using existing staff to fill-in absences.  Again, Jackson alleged ICE had misread its proposal. But again, GAO found the weakness was warranted. Jackson had proposed to fill-in absences from a common pool of staff resources. GAO found this could decrease coordination and efficiency.

Competitive Range Determination

Jackson alleged the competitive range determination was unreasonable because its proposal was not materially different from other proposals in the range. Jackson further argued that the determination relied on adjectival ratings rather than a qualitative assessment that considered price.

GAO rejected these arguments. Jackson’s proposal, which had multiple significant weaknesses and weaknesses, was not in the same league with the offerors in the competitive range. What’s more, the record showed the contracting officer had reasonably considered Jackson’s technical proposal and price as part of the competitive range determination.

Jackson is represented by Gary S. Campbell, Kelly Doran, Julia M. Fox, and Miles McCann of Perkins Coie LLP. The agency is represented by Diane Foose, Gabriel E. Kennon, and William Selinger of the Department of Homeland Security. GAO attorneys Paul N. Wengert and Tania Calhoun participated in the preparation of the decision.

–Case summary by Craig LaChance, Senior Editor