“In Ashlin Management Group, B-419472.3, B-419472.4, GAO sustained the second protest of an award to Booz Allen Hamilton. The protester, Ashlin Management Group, alleged that the awardee’s proposal should have been rated as technically unacceptable due to the unavailability of key personnel.
On September 9, 2020, the agency issued the solicitation to federal supply schedule contract holders. The solicitation sought quotations for a vendor to assist the National Office of Job Corps in identifying, developing, and implementing career pathway programming with a ‘focus on transitioning Job Corps from a career technical training program to a career technical education program.’ The solicitation envisioned a best-value trade-off analysis considering price and non-price factors. The second factor in the evaluation was, ‘key personnel, staff experience and qualifications (key personnel).’…”
“GAO dismissed or denied all of Ashlin’s grounds, except for the key personnel argument. GAO found that the awardee had actual knowledge of the unavailability of one of its quoted key personnel during the corrective action period, and failed to notify the agency. Specifically, the key person resigned from the awardee during the corrective action period.
As part of the original proposal, the awardee stated it would utilize one of its current employees to fill the key personnel role of senior project specialist. In March 2021, that employee resigned, and subsequently left the awardee. GAO found that at that point, the agency was still re-evaluating the proposals under the corrective action…”
“We know that GAO sustained the protest due to the awardee’s failure to notify the agency of the departure of key personnel. Let’s say the awardee notified the agency of the departure, what then? GAO found that the agency can either evaluate the proposal as submitted, without considering the resume of the unavailable employee, or it can open discussions to permit the offeror to amend the proposal.
The awardee stated it would substitute the key personnel, or even potentially re-hire the same person. GAO was not persuaded by these arguments. GAO, instead, found it was the awardee’s duty to notify the agency when the company had actual knowledge of the unavailability. Attempts to correct the error after the fact found no sympathy from GAO. Additionally, GAO found that, even in corrective action reevaluations, this duty remains…” Read the full article here.
Source: Key Personnel Unavailability Leads to Sustained GAO Protest – By Christopher Coleman, November 30, 2021. SmallGovCon.
