Protester Argued the Solicitation Only Asked for Historical Retention Rates, Not Historical Projects. GAO Did Not Agree

The protester claimed the solicitation required offerors to discuss their historical retention rates and not historical projects. GAO found the protester’s interpretation illogical and unreasonable. The solicitation required a discussion of the historical projects that gave rise to the historical retention rates.

Global Consulting International, LLC, GAO B-423018

• Protest – The agency issued a task order for medical staffing services. The protester challenged the significant weakness assigned to its proposal under the management plan factor. It claimed that the “only apparent discriminator” between its proposal and the awardee’s occurred when the agency deviated from the disclosed evaluation criteria. The solicitation instructed offerors to discuss their historical retention rates, not historical projects.
• Decision – GAO considered when the portion of the solicitation that required offerors to submit “[i]nformation demonstrating the offeror’s performance history as it pertains to historical retention rates on projects similar in size, scope and complexity to the subject requirements.” GAO found the protester’s interpretation was illogical and unreasonable. Addressing historical retention rates necessarily requires addressing related projects that give rise to those rates. Therefore, the protester failed to meet the solicitation requirements when it did not provide information regarding the size, scope, and complexity of the projects.

The protester was represented by Kenneth A. Martin of The Martin Law Firm, PLLC. The intervenor was represented by Johnathan M. Bailey, Kristin E. Zachman, and Rachel Moreau-Davila of Cokinos Young. The agency was represented by Jason R. Smith and Jillian C. Kaido of DoD. Hannah G. Barnes and Christina Sklarew of GAO participated in the preparation of the decision.

— Case summary by Joshua Lim, Assistant Editor

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