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B-416158 1 (2018-06-04)

handle is hein.gao/gaobadutx0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been Decision approved for public release. Matter of: Chenega Healthcare Services, LLC File: B-416158 Date: June 4, 2018 Stowell B. Holcomb, Esq., Mark G. Jackson, Esq., and Kevin A. Rosenfield, Esq., Jackson Rosenfield LLP, for the protester. Damien C. Specht, Esq., James. A. Tucker, Esq., R. Locke Bell, Esq., and Lauren J. Horneffer, Esq., Morrison & Foerster LLP, for KQpono Government Services, LLC, the intervenor. John L. Bowles, Esq., and James J. Jurich, Esq., Department of Energy, for the agency. Evan D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the agency was required to consider proposed substitute key person for a follow-on procurement based on the agency's prior approval of the proposed substitute on the incumbent contract is denied where the agency elected to proceed without discussions and the initial proposal was technically unacceptable due to the unavailability of the initially proposed key person. 2. Protest that the agency was required to engage in discussions before rejecting the protester's proposal as technically unacceptable is denied where the agency was under no obligation to conduct discussions regarding the protester's technically unacceptable proposal. DECISION Chenega Healthcare Services, LLC (CHS), a small business, of San Antonio, Texas, protests the award of a contract to Kopono Government Services, LLC (KGS), a small business, of Honolulu, Hawaii, under request for proposals (RFP) No. DE-SOL- 0010843, which was issued by the Department of Energy (DOE), for an indefinite- delivery, indefinite quantity (IDIQ) contract to support the National Training Center at Kirtland Air Force Base in Albuquerque, New Mexico. CHS, the incumbent contractor for the services at issue, challenges its exclusion from the competition because one of its proposed key personnel subsequently became unavailable after the submission of proposals, but prior to award. The protester alleges that the agency unreasonably failed

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