Government and Military Certification Systems, Inc.

B-411261 Jun 26, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Government and Military Certification Systems, Inc. (GMCS), a small business of Washington, D.C., protests the terms of request for quotations (RFQ) No. N66604-15-Q-0515, issued by the Department of Navy, Naval Sea Systems Command, for third-party audits of the environmental management system at the Naval Undersea Warfare Center Division Newport (NUWCDIVNPT). GMCS contends that the solicitation does not include sufficient information for it to submit a quotation and argues that certain provisions are unduly restrictive of competition. We deny the protest. We deny the protest. View Decision Decision Matter of: Government and Military Certification Systems, Inc. File: B-411261 Date: June 26, 2015 Leigh Brand, for the protester. Emilia Muche Thompson, Esq., Department of the Navy, for the agency. Young S. Lee, Esq., and Noah B. Bleicher, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency failed to provide information necessary to permit the protester to submit a competitive quotation is denied where the agency provided sufficient details in the solicitation and three subsequent amendments to allow vendors to compete intelligently and on a relatively equal basis. 2. Protest that certain solicitation requirements are unduly restrictive of competition is denied where the requirements are reasonably related to the agency’s needs in choosing a contractor that will best serve the government’s interests. 3. Protest that past performance relevancy criteria is overly restrictive is denied where the agency reasonably limited relevant past performance to those references that relate directly to the services being acquired under the solicitation. DECISION Government and Military Certification Systems, Inc. (GMCS), a small business of Washington, D.C., protests the terms of request for quotations (RFQ) No. N66604‑15-Q-0515, issued by the Department of Navy, Naval Sea Systems Command, for third-party audits of the environmental management system at the Naval Undersea Warfare Center Division Newport (NUWCDIVNPT). GMCS contends that the solicitation does not include sufficient information for it to submit a quotation and argues that certain provisions are unduly restrictive of competition. We deny the protest. BACKGROUND In 1997, NUWCDIVNPT began efforts to implement an environmental management system (EMS) that conformed to International Organization for Standardization (ISO) 14001--an international EMS standard established by the ISO. RFQ at 30. The agency received its first ISO 14001 registration in May 2000, with re‑registrations granted in May 2003, 2006, 2009, and 2012. Id. To accomplish ISO 14001 registration and subsequent re‑registrations, an external third-party auditor or certifying body, audits the organization’s EMS. See id. The agency’s goal is to remain registered to ISO 14001 by an ISO 14001 accredited third-party auditor. Id. The agency’s next re‑registration date is May 2015. Id. The RFQ was issued on February 24, 2015, under the commercial item acquisition and simplified acquisition procedures of Federal Acquisition Regulation (FAR) part 12 and subpart 13. Id. at 1. The solicitation sought quotations from small business vendors to perform two types of EMS audits--surveillance audits and the 2015 re‑registration audit--for the agency’s conformance with ISO 14001. The RFQ required the vendor to conduct document reviews, site visits, interviews, and audits of the agency to determine conformance to ISO 14001 requirements. Id. at 3. The solicitation contemplated the award of a purchase order to the vendor that submitted the best value quotation based upon the following three evaluation factors: technical capability/personnel, past performance, and price. Id. at 6-8. Non-price factors, when combined, were significantly more important than price. Id. at 8. Under the technical approach factor, the solicitation required a vendor to describe the firm’s staffing plan; provide proof of accreditation as an ISO 14001 third-party auditor;[1] and submit an audit approach that addressed how documents, records, and interviewees will be selected. Id. at 6. The solicitation explained that a vendor’s written audit approach should describe how the firm’s approach will increase the quality of the ISO 14001 surveillance and re-registration audits; detail the number of work days required to accomplish the audits; and provide a sample list of the types of documents and records that will be reviewed for both audits. Id. at 7. In addition, of relevance here, the RFQ’s statement of work (SOW) provided minimum levels of effort for both types of audits: an audit duration of no less than 64 hours for the re-registration audit and no less than 32 hours for surveillance audits. Id.