CorrectiveSolutions

B-417171.2 Aug 16, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights American Justice Solutions, Inc., doing business as CorrectiveSolutions, of Mission Viejo, California, a small business, protests the award of a contract to Track Group, Inc., of Naperville, Illinois, also a small business, under request for quotations (RFQ) No. 959P0019R0002, issued by the Court Services and Offender Supervision Agency, Pretrial Services Agency for the District of Columbia (PSA), for commercial services to monitor defendants electronically. American argues that PSA conducted an unfair competition due to the disclosure of information about its quotation in an earlier procurement for the same services, misevaluated its quotation as unacceptable, and applied the evaluation criteria unequally in finding Track's quotation acceptable while rejecting American's. We dismiss the protest in part and deny it in part. View Decision Decision Matter of:  American Justice Solutions, Inc., dba CorrectiveSolutions File:  B-417171.2 Date:  August 16, 2019 Thomas Jonsson, Esq., for the protester. Shaun Callahan, Esq., for Track Group, Inc., the intervenor. Linette Lander, Esq., Court Services and Offender Supervision Agency, Pretrial Services Agency for the District of Columbia, 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 competition was unfair because agency had earlier released protester’s pricing information during debriefings in another procurement is dismissed as untimely where protester knew of both the release of its pricing and the alleged similarity of the new solicitation before it submitted its quotation, but filed its protest after the closing time for submission of quotations.  2.  Protest that agency misevaluated protester’s quotation as unacceptable, and applied evaluation criteria unequally in finding awardee’s quotation acceptable, is denied where evaluation was reasonable and consistent with evaluation criteria in solicitation, and where differences in protester’s and awardee’s quotations justified the differences in the evaluation of both quotations. DECISION American Justice Solutions, Inc., doing business as CorrectiveSolutions, of Mission Viejo, California, a small business, protests the award of a contract to Track Group, Inc., of Naperville, Illinois, also a small business, under request for quotations (RFQ) No. 959P0019R0002, issued by the Court Services and Offender Supervision Agency, Pretrial Services Agency for the District of Columbia (PSA), for commercial services to monitor defendants electronically.  American argues that PSA conducted an unfair competition due to the disclosure of information about its quotation in an earlier procurement for the same services, misevaluated its quotation as unacceptable, and applied the evaluation criteria unequally in finding Track’s quotation acceptable while rejecting American’s.  We dismiss the protest in part and deny it in part.  BACKGROUND The RFQ, issued on November 9, 2018, sought quotations to provide electronic and global positioning system-based electronic monitoring of approximately 475 defendants monthly[1] for a base year and four option years.  The RFQ included a performance work statement (PWS) that described the agency’s requirement, which principally involved attaching rugged tamperproof electronic monitoring/global positioning system devices to defendants’ ankles as directed by PSA and the D.C. Superior Court, monitoring each defendant’s location around the clock, providing data and alerts about the location of each defendant, and removing the devices at PSA direction.  See generally, RFQ at 7‑10.  Among other things, the RFQ required the contractor to exchange data about defendants and their locations via a secure web interface with PSA’s client management system (CMS), known as the Pretrial Real-time Information System Manager (PRISM), through that system’s electronic monitoring module.  Id. at 11.  Section 12.1 of the PWS stated that the vendor was required to comply with all laws and policies regarding the protection of the system and its information, and specifically identified several standards as being minimum requirements, including the Federal Information Security Modernization Act of 2014 (FISMA), and National Institute of Standards and Technology (NIST) standards in the “Special Publication 800 series,” following which the PWS listed publication Nos. SP 800‑37 and SP 800‑53A.  Id. at 16.  Under section 12.2.2 of the PWS, the RFQ directed each offeror to submit answers to ten questions regarding its information security program, and noted that the agency would review the questionnaire responses “to assess whether or not the proposed system, end-to-end, could pass an information security assessment and be authorized within 120 days.”  Id.