The joint venture partners are LifeCare Management Partners and Advanta Medical Solutions, LLC.
Section H.3, titled Reassignment and Replacement of Key Contractor Personnel, permits the agency to require a contractor to replace key personnel who are objectionable to the government. This clause does not define qualifications for the key personnel, but does identify the key personnel positions to be evaluated (project managers, supervisors, and senior data retrieval specialists); the position descriptions for these positions are listed elsewhere in the RFP.

Although the parties dispute what was said during discussions, for purposes of this decision, we accept the protesters recitation of events.
The evaluation plan, which was not disclosed to the offerors, provided that each proposal could receive a maximum of 225 points: 125 points for technical merit and 100 points for past performance.
To receive the maximum 30-point score for key personnel, the evaluation plan stated that all designated key personnel had to have extensive experience, and demonstrated knowledge in law enforcement, regulatory, financial or relevant programs. Fewer points were awarded if only some of the key personnel had such experience (e.g., 20 points if only the project managers and at least three key personnel had the requisite experience, 10 points if only the project managers had the experience, and 0 points if none of the key personnel had the experience). AR, Tab 16, Evaluation Plan, at 6.
References were asked to evaluate quality, timeliness, cost control, problem resolution, and customer service, which were worth 15 points each.
Under the evaluation plan, to receive the maximum score (25 points) under the relevance subfactor, an offerors prior contracts had to be close to or exceed the estimated size of the requirement in terms of contractor personnel furnished, have a sufficient number of government clients to indicate an understanding of governmental contracts, and have a mix of labor categories and work . . . comparable to what is described in the solicitation. Fifteen points were to be awarded if the prior contracts were close but do not match the estimated size of the requirement in terms of contractor personnel furnished, there are some governmental clients, and the mix of labor categories and work matches some of the solicitation requirements. Ten points were to be awarded if the prior contracts were considerably less than the estimated size of the requirement in terms of contractor personnel furnished, there are few governmental clients, and the mix of labor categories and work matches a few of the solicitation requirements. AR, Tab 16, Evaluation Plan, at 4.
The evaluation record does not explain how, or even if, these two contracts are relevant to the requirements here.
Under the transition and succession subfactor, LAJVs initial proposal did not receive maximum points because its plan, like BTIs, lacked detail. However, unlike BTI, it provided a more detailed plan in its FPR in response to discussions, which caused the agency to raise LAJVs score in the final evaluation.
BTI also complains that none of LAJVs key personnel (who BTI asserts do not have a history of employment with either LAJV or the joint venture partners) provided commitment letters to demonstrate that LAJV could adequately staff the contract. However, the RFP did not require offerors to submit commitment letters from its proposed personnel, and BTI similarly did not provide commitment letters. To the extent that BTI complains that LAJV does not currently employ sufficient people to staff the contract, we note that BTIs proposal states that it also does not have a full complement of employees hired and ready to begin work at the commencement of the contract. See AR, Tab 6, BTIs Initial Proposal, 2.3.2, at 15.
BTIs proposal contained numerous references to law enforcement and financial crimes as it relates to the contractors support of the FinCENs mission. This evidences that BTI was aware that law enforcement experience could well be credited under the RFP.
Although disputed by the protester, the agency asserts that it specifically advised the protester during discussions that lack of law enforcement experience and work experience would be considered in the evaluation. Tr. at 98, 100. As indicated above, for purposes of this decision, we do not resolve this dispute, but will accept the protesters version.
We note that LAJV was not afforded discussions on this issue either, even though it was assessed a similar weakness for lack of key personnel experience.
BTIs other contracts were smaller in dollar value than the required effort here and were for straight information technology services, which did not include performing the investigative support work required under the RFP. Thus, it appears that BTI was given the benefit of the doubt in receiving a perfect score under the relevance subfactor.
The dollar values of LAJVs contracts are also smaller than those identified by BTI.
Competitive prejudice is necessary before we will sustain a protest; where the record does not demonstrate that the protester would have a reasonable chance of receiving award but for the agencys actions, we will not sustain a protest, even if deficiencies, such as an unequal evaluation of proposals or lack of meaningful discussions, are found. Statistica v. Christopher, 102 F.3d 1577, 1581 (Fed. Cir. 1996).
BTI also asserted that the five positions were transferred from key personnel positions to free positions, thus allowing LAJV to improperly reclassify[] employees from direct to indirect charges and unfairly reduce its price. BTIs Comments at 28. However, the record shows this to be untrue, since LAJVs proposal makes clear that the five positions were, at all times, proposed at no cost to the government (that is, a transfer of positions did not occur), and the reductions in LAJVs FPR price were unrelated to these positions. See Tr. at 269, 272.


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