_20231006_Special Notice Anticipated TOPR Amendments.pdf

DHA Enterprise HEC Special Notice, 1 of 2

OPPORTUNITY TYPE: SPECIAL NOTICE

TITLE: Notification of GAO Bid Protests, Healthcare Environmental Cleaning (HEC)

RELATED NOTICE: HT940823R0003

PUBLISHED DATE: 6 October 2023

RESPONSE DATE: 16 October 2023

INACTIVE POLICY: 15 days after response date

SUBJECT: Healthcare Environmental Cleaning (HEC) under Solicitation No. HT940823R0003, Anticipated DHA HEC TOPR Amendments Following Award of DHA HEC Contracts

1. On September 6, 2023, the Defense Health Agency (DHA or Agency) issued Amendment No. 0006 to the DHA Healthcare Environmental Cleaning (HEC) Solicitation, No. HT940823R0003 (Solicitation). Among other amendments to the Solicitation, Amendment No. 0006 provided Answers to Questions Nos. 370-72, as follows in relevant part:

To ensure a fair and efficient procurement process, and only for evaluation purposes, the Government instructs all offerors to base pricing for all CBA‐covered CSPs on the entry level positions, without seniority or leave accrual. Additional information, including seniority listings, will be provided to the apparent awardees upon TOPR awards. Corresponding requests for adjustments will be considered as appropriate.

The Agency understood “entry level positions” to mean, e.g., “starting wage rates” for each of the relevant job classifications in an offeror’s proposal. The Agency’s intent was to create, for evaluation purposes only, a level and equitable playing field for all prospective offerors competing for DHA HEC multiple award, indefinite delivery/indefinite quantity contracts (DHA HEC Contract).

2. On September 15, 2023, prior to the closing date for proposals in response to the Solicitation, one prospective offeror objected to the Agency’s intended approach of awarding contracts; then subsequently awarding task orders; and only then providing seniority and leave accrual information with “[c]orresponding requests for adjustments [being] considered as appropriate.”

Specifically, Teya Support Services, LLC filed a preaward bid protest at the U.S. Government Accountability Office (GAO), alleging that the Agency erred by establishing an evaluation baseline that did not include offerors’ best-guesses about possible cost impacts of seniority and leave accrual and reserving such considerations for post-TO-award wage rate adjustments.

3. The Agency does not believe that it has erred. On the contrary, the Agency believes that its price evaluation methodology is reasonable and appropriate for purposes of meaningfully evaluating proposals for, and awarding, DHA HEC Contracts. Nevertheless, following award of the DHA HEC Contracts the Agency intends to amend the DHA HEC Task Order Proposal Requests (TOPRs) in order to provide Seniority Lists for Womack Army Medical Center, Tripler

DHA Enterprise HEC Special Notice, 2 of 2

Army Medical Center, and Altus Air Force Base Clinic to all DHA HEC Contract holders who responded to the relevant TOPRs. Those contract holders will then be afforded an opportunity to submit revised TOPR price proposals, which will be evaluated and considered for purposes of awarding the corresponding TOs. Additionally, the DHA Enterprise HEC ordering procedures will require future TOPR packages for DHA HEC fair opportunity competitions to include Seniority Lists whenever practicable.

4. This Special Notice is intended to provide information regarding anticipated DHA HEC TOPRs amendments following award of DHA HEC Contracts. This does not amend Solicitation No. HT940823R0003. No response is required.

(End of SPECIAL NOTICE)