B-299954.3, Executive Protective Security Service, Inc., October 22, 2007

B-299954.3 Oct 22, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Executive Protective Security Service, Inc. (EPSS) protests the issuance of a task order to Security Consultants Group, Inc. (SCG) pursuant to request for quotations (RFQ) No. HSFEHQ-07-Q-0039, issued by the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), for armed guard services for FEMA housing sites in the state of Mississippi. EPSS argues that the agency's determination, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. ?5121 et seq. (2000) (the Stafford Act), that SCG was a firm doing business primarily in the state of Mississippi, and therefore was eligible for selection, was unreasonable. We sustain the protest. View Decision B-299954.3, Executive Protective Security Service, Inc., October 22, 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: Executive Protective Security Service, Inc. File: B-299954.3 Date: October 22, 2007 David M. Thomas II, Esq., Balch & Bingham LLP, for the protester. Holly A. Roth, Esq., McDermott Will & Emery, for Security Consultants Group, Inc., an intervenor. Audrey H. Liebross, 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 Protest challenging agency's determination under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. sect. 5150, regarding eligibility of firm selected to receive task order is sustained where the agency unreasonably concluded that the firm was doing business primarily in the designated set-aside location. DECISION Executive Protective Security Service, Inc. (EPSS) protests the issuance of a task order to Security Consultants Group, Inc. (SCG) pursuant to request for quotations (RFQ) No. HSFEHQ-07-Q-0039, issued by the Federal Emergency Management Agency (FEMA), Department of Homeland Security (DHS), for armed guard services for FEMA housing sites in the state of Mississippi. EPSS argues that the agency's determination, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. sect. 5121 et seq. (2000) (the Stafford Act), that SCG was a firm doing business primarily in the state of Mississippi, and therefore was eligible for selection, was unreasonable. We sustain the protest. BACKGROUND The RFQ, issued on April 11, 2007, to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) contracts for guard services, contemplated the issuance of a time-and-materials type task order with fixed unit prices and quantities specified by the agency for a 2-month base period with nine 6-month options and one 3-month option. The solicitation included a statement of work, instructions to vendors regarding submission of quotations, and the evaluation factors for award. The RFQ established four technical evaluation factors, in descending order of importance--technical approach, management plan, personnel, and past performance--as well as price. The technical factors, when combined, were significantly more important than price. The agency would select the vendor whose quotation represented the overall best value to the agency, all factors considered. RFQ amend. 5, Instructions to Vendors, at 11-13. Also, under the authority of the Stafford Act, the RFQ set aside the procurement for firms residing or primarily doing business in Mississippi. Id. at 1-2. Six vendors, including EPSS and SCG, submitted quotations by the May 22 closing date. The agency conducted technical, price, and Stafford Act eligibility evaluations of the vendors' quotations. The agency's final evaluation ratings of the quotations submitted by EPSS and SCG were as follows: Factor EPSS SCG Technical Approach Unsatisfactory Very Good Management Plan Unsatisfactory Very Good Personnel Satisfactory Very Good Past Performance Neutral Satisfactory Overall Unsatisfactory Very Good Stafford Act Eligible Yes Yes Price $135,403,695 $85,154,115 Agency Report (AR), Tab 9, Consensus Report, at 10; Tab 10, Consensus Technical Report, at 3-16. The agency subsequently determined that SCG's quotation, which was the only technically acceptable quotation submitted by an eligible vendor, was reasonably priced and represented the best value to the agency. [1] Id., Tab 8, Source Selection Decision, at 1.