Kako'o Spectrum Healthcare Solutions, LLC (B-421127.5; B-421127.6)

You should not care.

Category: Technical evaluation, compliance, IDIQ

Date: 28 May 2025

URL: https://www.gao.gov/assets/880/878142.pdf

Kako'o Spectrum Healthcare Solutions, LLC (KSHS), the incumbent contractor, protested the US Marine Corps’ award of an IDIQ contract for certified athletic trainers and strength/conditioning specialists to Cognito Systems, LLC, under an RFP supporting the USMC Sports Medicine and Injury Program (SMIP). KSHS primarily alleged that the agency unreasonably evaluated Cognito’s technical proposal by considering extra pages beyond the solicitation’s fifty-page limit, failed to adequately document the strengths of Cognito’s proposal, and unreasonably withheld technical strengths from KSHS’s own proposal.

Waiver of page limitations: KSHS argued Cognito’s technical proposal and responses to discussion questions exceeded the RFP’s stated page limits. GAO agreed that the agency effectively waived the page limitation when it considered extra content from Cognito. However, since KSHS’s own submission was 19 pages under the limit—and KSHS did not show how it would have changed its approach to become more competitive if the extra pages were universally allowed—GAO found no prejudice and thus declined to sustain the protest.

Evaluation and documentation of technical approach: KSHS alleged weaknesses in the agency’s documentation of Cognito’s proposal, specifically regarding recruiting and retention plans. GAO reiterated that agencies are not required to document every evaluation detail, only deviations (strengths or weaknesses) worth noting. Postprotest explanations reasonably filled in missing logic and were found credible and consistent with the initial record.

Assignment of additional strengths to protester: GAO found no fault in the agency’s refusal to assign additional strengths to KSHS, emphasizing the agency’s broad discretion in such determinations. The protester’s arguments were considered mere disagreement with the evaluators’ judgment.

The protest was denied. GAO confirmed the agency’s evaluation was reasonable, consistent with the solicitation, and within the broad discretion allowed by procurement law.

Digest

1. Protest that the agency unreasonably evaluated portions of the awardee’s technical volume that exceeded page limitations is denied where the record shows the protester was not competitively prejudiced by the agency’s waiver of the page limitations requirement.
2. Protest that the agency unreasonably evaluated the awardee’s technical volume is denied where the record shows the evaluation was reasonable and consistent with the terms of the solicitation.
3. Protest that the agency should have assigned additional strengths to the protester’s technical volume is denied where the record shows the agency reasonably exercised its discretion not to assign additional strengths.