B-299548.2, Paragon Systems, Inc., September 10, 2007

B-299548.2 Sep 10, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Paragon Systems, Inc. protests the issuance of a task order to NCLN20, Inc. pursuant to request for quotations (RFQ) No. 186419, issued by the Federal Protective Service (FPS), Immigration and Customs Enforcement, Department of Homeland Security (DHS), for armed security guard services at federal facilities located throughout the state of Arizona. Paragon argues that the agency misevaluated vendors' quotations in the area of past performance. We deny the protest. View Decision B-299548.2, Paragon Systems, Inc., September 10, 2007 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Paragon Systems, Inc. File: B-299548.2 Date: September 10, 2007 Katherine S. Nucci, Esq., and Timothy Sullivan, Esq., Thompson Coburn LLP, for the protester. Richard J. Sprunk, Esq., Department of Homeland Security, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency's evaluation of vendor's past performance was reasonable where agency contacted an individual who was familiar with the vendor's performance, even though the individual was not the point of contact designated by the vendor in its past performance reference. 2. Protester's contention that agency past performance evaluation was unreasonable because the agency did not distinguish between degrees of relevance in evaluating each vendor's past performance is denied where the evaluation was reasonable, and consistent with the stated evaluation criteria; there is no per se requirement that an agency weight differently the ratings given each vendor based on an assessment of the relative relevance of the vendor's prior contracts. DECISION Paragon Systems, Inc. protests the issuance of a task order to NCLN20, Inc. pursuant to request for quotations (RFQ) No. 186419, issued by the Federal Protective Service (FPS), Immigration and Customs Enforcement, Department of Homeland Security (DHS), for armed security guard services at federal facilities located throughout the state of Arizona.[1] Paragon argues that the agency misevaluated vendors' quotations in the area of past performance. We deny the protest. BACKGROUND The RFQ, issued on December 8, 2006, to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) contracts for guard services, contemplated the issuance of a time-and-materials task order for a base year together with four 1-year options.[2] The solicitation, which included a statement of work (SOW) and instructions to vendors regarding the submission of quotations, established three evaluation criteria: mission capability; past performance; and price.[3] The mission capability and past performance evaluation criteria were of equal importance and, when combined, were significantly more important than price. The RFQ stated that the agency would select the vendor whose quotation was determined to represent the –best value— to the government, all factors considered. RFQ at 3-5. With regard to past performance, the RFQ stated that a vendor's quotation –should provide a summary of [its] most recent, related, relevant efforts during the last three (3) years that demonstrate [its] potential for success on this effort. Submit a maximum of three references using the forms/format provided herein.—[4] Id. at 2. Regarding the agency's evaluation of vendors' past performance the RFQ stated: The Government will evaluate the past performance data submitted for recency, relevancy, and quality. Relevancy of past performance data will be determined by considering performance on contracts of a similar nature, size, scope, dynamic environment, and complexity, utilizing a comparable number of personnel with like skills. Some past performance data may be considered more relevant to this acquisition than other data. The Government reserves the right to consider any other information obtained through other means including those from Government and commercial sources.[5] Id. at 4. Eleven vendors, including Paragon and NCLN20, submitted quotations by the January 24, 2007 closing date. Paragon's quotation included three past performance references. These were: (1) its armed guard security services contract for the Social Security Administration headquarters in Baltimore, Maryland (220 guards at one location); 2) its statewide armed guard security services contract with FPS for Alabama (150 guards at over 50 locations); and (3) its statewide armed guard security services contract with FPS for Kentucky (120 guards at nearly 50 locations). AR, Tab 3, Paragon's Quotation, Vol. II, Past Performance Proposal, at 7-9.