GAO Sustains Bid Protest Due to Inconsistency Between FEMA’s Proposal Evaluation and RFP Terms

GAO Sustains Bid Protest Due to Inconsistency Between FEMA’s Proposal Evaluation and RFP Terms

After FEMA selected Dentrust Dental International, Inc. for award of a contract for medical and behavioral health services, Spectrum Healthcare Resources, Inc. filed a protest before the U.S. Government Accountability Office.

The protester argued that FEMA comingled two separate evaluation factors when evaluating its proposal: technical capability (identified as the most important factor) and proposed staffing approach. FEMA penalized Spectrum under the technical capability factor for not explaining its proposed staffing approach when, according to the RFP, proposed staffing approach was a separate evaluation factor (which would be evaluated in a subsequent phase).

The GAO reasoned that FEMA’s interpretation of the RFP was unreasonable because it failed to read its terms as a whole and in a manner that gives effect to all of its provisions. Specifically, the GAO found that, according to the RFP, technical capability would be evaluated “through the lens of verifiable past experience[,]” not through the proposed staffing approach, as FEMA argued was appropriate for offerors without experience in certain areas.

Ultimately, the GAO concluded that FEMA’s evaluation of Spectrum’s proposal was unreasonable. It also found that, as a result of the unreasonable evaluation, there was a reasonable possibility that Spectrum was competitively prejudiced.

The GAO thus recommended that FEMA reevaluate Spectrum’s proposal and make a new source selection decision. Additionally, it recommended that Spectrum be reimbursed the cost of filing and pursuing the protest, including reasonable attorneys’ fees.