OMNIPLEX World Services Corporation

B-415988.2 Dec 12, 2018 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights OMNIPLEX World Services Corporation (OWS), of Chantilly, Virginia, protests the terms of request for quotations (RFQ) No. ADM180023, issued by the Administrative Office of the United States Courts (AOUSC) for on-site physical security staff and services at the Thurgood Marshall Federal Judiciary Building (TMFJB) in Washington, D.C. OWS argues that the solicitation is unduly restrictive of competition because it requires contractor personnel to successfully complete a public trust tier 4/high-risk background investigation prior to being able to work on the resulting contract. We deny the protest. We deny the protest. View Decision Decision Matter of:  OMNIPLEX World Services Corporation File:  B-415988.2 Date:  December 12, 2018 William F. Savarino, Esq., John J. O’Brien, Esq., and Daniel Strouse, Esq., Cordatis LLP, for the protester. Michael Greene, Esq., Administrative Office of the United States Courts, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation’s requirement relating to background investigations of prospective security guard contractor personnel is denied where record established a reasonable basis for the agency’s requirement. DECISION OMNIPLEX World Services Corporation (OWS), of Chantilly, Virginia, protests the terms of request for quotations (RFQ) No. ADM180023, issued by the Administrative Office of the United States Courts (AOUSC) for on-site physical security staff and services at the Thurgood Marshall Federal Judiciary Building (TMFJB) in Washington, D.C.  OWS argues that the solicitation is unduly restrictive of competition because it requires contractor personnel to successfully complete a public trust tier 4/high-risk background investigation prior to being able to work on the resulting contract. We deny the protest. The only issue in this protest is whether the agency’s requirement for contractor personnel to successfully complete a tier 4/high-risk background investigation is reasonably related to the agency’s requirements.  In this connection, the RFQ, as amended, provides as follows: The Contractor’s on-site personnel (including all subcontractors) shall not report for work at the TMFJB until each has cleared a public trust, tier 4/high risk background investigation mandated for Special Police Officer applicants in accordance with Clause 7-20 (Deviation August 2018).[1] RFQ, Amend. No. 0004, at 8 (emphasis in original).  In addition, the RFQ instructed firms to include, as part of their management organization plan, a list of all potential security officers, along with the respective date of adjudication and type of background investigation for each prospective officer, in order to confirm that the proposed staff have successfully completed a tier 4/high-risk background investigation within 2 years.  Id. at 36. This is OWS’s second protest relating to this requirement.  On February 2, 2018, OWS filed a protest in our Office challenging these same requirements.  In response to that protest, the agency advised our Office that it intended to take corrective action.  Specifically, the agency advised as follows: This letter is to inform you and protest counsel that the Administrative Office of the U.S. Courts (AOUSC) shall be taking corrective action in response to subject protest.  An amendment will be issued to the interested parties that shall clarify certain matters in the solicitation and allow more time for vendors to recruit and obtain security guard personnel with the needed, heightened background investigation requirement. Agency Dismissal Request, Feb. 21, 2018.  Based on the agency’s corrective action, we dismissed OWS’s first protest as academic.  OMNIPLEX World Services Corp., B-415988, Feb.