Aventura Technologies, Inc.

Case: B-410492.3 Agency: Department of the Treasury : Internal Revenue Service Protester: Aventura Technologies, Inc. Date: 2016-02-16 Denied In Part
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B-410492.3 Oct 08, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Aventura Technologies, Inc., of Hauppauge, New York, a small business, protests the issuance of a Federal Supply Schedule (FSS) order to Orion Management, LLC, of Springfield, Virginia, by the Department of the Treasury, Internal Revenue Service (IRS) under request for quotations (RFQ) No. BEP-RFQ-14-0478 (also identified as e-Buy RFQ No. RFQ889613) for security system maintenance services for the Bureau of Engraving and Printing (BEP). Aventura argues that the IRS misevaluated Orion's quotation. We deny the protest in part and dismiss it in part. We deny the protest in part and dismiss it in part. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of:  Aventura Technologies, Inc. File:  B-410492.3 Date:  October 8, 2015 Bryan Ha, Esq., Law Offices of Bryan Ha, for the protester. Jason R. Collins, Esq., and Dean Daisy, Esq., Frias Daisy Collins Attorneys at Law, for Orion Management, LLC, the intervenor. Jonathan D. Tepper, Esq., Lori R. Larson, Esq., and Holly L. Styles, Esq., Department of the Treasury, Internal Revenue Service, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that agency misevaluated the successful vendor’s quotation as acceptable under a corporate experience evaluation factor is denied where the record shows that the evaluation was reasonable and consistent with the solicitation evaluation criteria.  2.  Protest that agency treated vendors unequally by determining that the successful vendor’s Federal Supply Schedule contract permitted the agency’s services-only order, but that the protester’s Schedule contract did not, is denied where the record shows that the agency determination was reasonably based on differences in the terms of the Schedule contracts. DECISION Aventura Technologies, Inc., of Hauppauge, New York, a small business, protests the issuance of a Federal Supply Schedule (FSS) order to Orion Management, LLC, of Springfield, Virginia, by the Department of the Treasury, Internal Revenue Service (IRS) under request for quotations (RFQ) No. BEP-RFQ-14-0478 (also identified as e-Buy RFQ No. RFQ889613) for security system maintenance services for the Bureau of Engraving and Printing (BEP).  Aventura argues that the IRS misevaluated Orion’s quotation. We deny the protest in part and dismiss it in part.  BACKGROUND The RFQ, issued on July 2, 2014, sought quotations from small businesses holding FSS contracts under Schedule No. 84 (the Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response schedule) to provide maintenance and support services for the BEP physical security systems and equipment.  The RFQ contemplated the issuance of an FSS order for a 1-year base period, four 1‑year options, and a 6-month option under an extension-of-services clause.  RFQ at 4-11.  The RFQ provided that the order would be issued to the firm that submitted the lowest-priced technically acceptable quotation.  Technical acceptability was to be assessed under four evaluation factors, each of which would be rated pass or fail:  technical capability/approach, management approach/personnel qualifications, corporate experience, and past performance.  RFQ at 16-17.  The technical and management factors are not relevant to the resolution of the protest.  The corporate experience factor required each vendor to submit two or three project profiles that demonstrated relevant experience of the vendor or a subcontractor within the past 5 years.  Id.  Vendors were instructed to select references to “identify contracts that describe security services,” to demonstrate relevant experience, and to show “technical and management expertise which will exemplify their experience.”  Id.  Under the past performance factor, the RFQ requested relevant corporate past performance within the past 3 years.  For vendors without a record of relevant past performance, the RFQ provided that the past performance would be considered unknown, and would be rated “pass” for that factor.  Id. The performance work statement (PWS) included a statement of “REQUIRED STAFFING AND CERTIFICATIONS.”  PWS at 3.  With respect to certifications, the PWS stated that, “[w]ithin 90 calendar days from the date of contract award,” the vendor was required to have specific personnel receive manufacturer training and/or hold certifications for five systems, of which two systems were identified as Aventura equipment.  Id.

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