AmeriGuard Security Services, Inc.

B-411513.2 Oct 02, 2015 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights AmeriGuard Security Services, Inc. (AmeriGuard), of Fresno, California, protests the Department of Health and Human Services' (HHS) issuance of a task order to Paragon Systems, Inc. (Paragon), of Herndon, Virginia, under request for quotations (RFQ) No. 15-233-SOL-00130, for guard services. AmeriGuard primarily asserts that Paragon's quotation was unacceptable because not all of the services quoted were on Paragon's Federal Supply Schedule (FSS) schedule contract by the time required. AmeriGuard also challenges the evaluation of its quotation. We deny the protest. We deny the protest. View Decision 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:  AmeriGuard Security Services, Inc. File:  B-411513.2 Date:  October 2, 2015 Johnathan M. Bailey, Esq., Bailey & Bailey, PC, for the protester. Katherine S. Nucci, Esq., Thompson Coburn LLP, for Paragon Systems, Inc., the intervenor. Richard Bergeron, Esq., Department of Health and Human Services, for the agency. Frank Maguire, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that vendor did not have ordered items on its Federal Supply Schedule (FSS) contract is denied where items were added to its FSS contract via a modification that was effective by the time of the FSS order. DECISION AmeriGuard Security Services, Inc. (AmeriGuard), of Fresno, California, protests the Department of Health and Human Services’ (HHS) issuance of a task order to Paragon Systems, Inc. (Paragon), of Herndon, Virginia, under request for quotations (RFQ) No. 15-233-SOL-00130, for guard services.  AmeriGuard primarily asserts that Paragon’s quotation was unacceptable because not all of the services quoted were on Paragon’s Federal Supply Schedule (FSS) schedule contract by the time required.  AmeriGuard also challenges the evaluation of its quotation. We deny the protest. BACKGROUND The RFQ was issued on March 3, 2015, via the General Services Administration’s (GSA) e-Buy portal, to all qualified firms holding FSS contracts under GSA Schedule 84, SIN 246-54, for Protective Service Occupations.  The RFQ seeks to procure security guard services at HHS facilities in Maryland, Alabama, California, and Massachusetts.  Agency Report (AR), Tab 3, RFQ, at 5.  AmeriGuard is the incumbent contractor.  Under the RFQ, award was to be made on a “best-value” basis, considering:  technical capability, including subfactors (in descending order of importance) for technical approach, management approach, and corporate capability; past performance; and price.  RFQ at 25‑26.  The RFQ advised that when combined, all evaluation factors other than price were significantly more important than price.  RFQ at 25. Seven quotations were received by the closing date for initial quotations of March 19, 2015.  AR at 2.  After conducting discussions with vendors, the agency requested revised quotations to be submitted by April 15.  Based upon its review of the revised quotations, the agency determined that Paragon’s quotation represented the best value to the government.  AR, Tab 6, Award Decision Document, at 9.  After the agency on April 30 issued the task order to Paragon, AmeriGuard filed a protest with our Office challenging the order on several grounds, including that not all of the services quoted were on Paragon’s FSS schedule contract by the time required.  On May 29, the agency advised GAO that it was taking corrective action.  Specifically, noting that the due date for final revised quotations had been April 15, and the order had been issued on April 30, the agency stated that it “will use the above dates to verify quoters’ eligibility for award using documentation obtained directly from GSA to confirm that the awardee had prices for all job classifications and locations by the required time.”  Agency Notice of Corrective Action, May 29, 2015.  The agency indicated that it would then “make a new award decision in accordance with the terms of the solicitation.”  Id.  GAO dismissed the protest on June 1.  B‑411513, June 1, 2015 (unpublished decision). On June 19, the source selection authority (SSA) signed a new source selection decision.  As indicated below, Paragon’s quotation was evaluated as exceptional for technical capability and acceptable (the highest rating given) for past performance, with the lowest price (among quotations that included all of the required work).   Paragon Offeror B Offeror C Offeror D AmeriGuard TECHNICAL CAPABILITY             Technical   Approach Exceptional Good Exceptional Exceptional Exceptional   Management Approach Exceptional Exceptional Exceptional Exceptional Good   ...