BDO USA, LLP
Case: B-416504
Agency: Department of Defense : Department of the Air Force
Protester: BDO USA, LLP
Date: 2019-05-22
Denied
B-416504
Sep 14, 2018
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Highlights
BDO USA, LLP (BDO), of Chicago, Illinois, protests its exclusion from the competition by the United States Transportation Command under request for quotations (RFQ) No. HTC711-18-Q-D011 for joint financial operations and systems support services. The protester contends that the agency improperly concluded that its quotation was ineligible for award.
We deny the protest.
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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: BDO USA, LLP
File: B-416504
Date: September 14, 2018
James W. Kim, Esq., and Llewelyn M. Engel, Esq., McDermott Will & Emery LLP, for the protester.
Colonel C. Taylor Smith and Lieutenant Colonel Byron Shibata, Department of the Air Force, and Kenneth M. Roth, Esq., Melinda J. Lewis, Esq., and Robert E. Bowers, Esq., United States Transportation Command, for the agency.
Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the agency’s rejection of the protester’s quotation as ineligible for award under a solicitation issued to vendors under the General Services Administration’s (GSA) Professional Supply Schedule (PSS) is denied, where the protester failed to establish that the entity holding the GSA PSS contract possessed a secret facility clearance at the time it submitted its quotation, as required by the solicitation.
DECISION
BDO USA, LLP (BDO), of Chicago, Illinois, protests its exclusion from the competition by the United States Transportation Command under request for quotations (RFQ) No. HTC711-18-Q-D011 for joint financial operations and systems support services. The protester contends that the agency improperly concluded that its quotation was ineligible for award.
We deny the protest.
BACKGROUND
The agency issued the RFQ on April 24, 2018, to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) Professional Services Schedule (PSS) contracts using Federal Acquisition Regulation (FAR) subpart 8.4 procedures. Agency Report (AR), Tab 3, RFQ, at 1, 6. The services required include accounting and financial operations, audit readiness in compliance with generally accepted accounting principles, and a broad spectrum of systems support for the agency. AR, Tab 4, Performance Work Statement (PWS), at 1.
As relevant to the protest, the RFQ required that an offeror[1] submit a cover letter identifying the commercial and government entity (CAGE) code, GSA PSS contract number, and data universal numbering system (DUNS) number of the prime contractor and any teaming partner/subcontractor.[2] RFQ at 3. The RFQ also required that contractors complete the Department of Defense Contract Security Classification Specification form (DD Form 254) provided with the RFQ. Id.; see also, RFQ, attach. 4, DD Form 254. The PWS included requirements for information technology and automated data processing that mandated the contractor have a minimum facilities clearance (FCL) at the secret or higher level. PWS at 31. The PWS further stated:
The contractor must have and maintain a valid FCL at the SECRET level at [the] time of proposal submission. Interim FCLs are acceptable provided they are not expired. FCL procedures and security guidelines for adjudicative requirements are outlined in [Department of Defense] 5220.22-M [National Industrial Security Program Operating Manual (NISPOM).] FCLs and Interim FCLs must be awarded by the Defense Security Service Facility Clearance Branch.
Id. at 32. The RFQ stated that award would be made to the offeror whose quotation conformed to the solicitation requirements, to include all terms, conditions, representations, certifications, and all other information required by the solicitation and offered the best value to the government, considering technical capability, past performance and price. RFQ at 7.
On May 24, BDO timely submitted its quotation. In its cover letter, BDO identified CAGE code 6YTU0, GSA PSS contract number GS-00F-149CA, and DUNS number 047684840. AR, Tab 13, Email with BDO Cover Letter and Attachments, at 6. BDO’s DD Form 254 indicated it possessed a secret FCL located at [DELETED] Virginia, and identified its CAGE code as 6YTU0. Id.
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