ProTech Services USA, LLC
Case: B-417484
Agency: Department of Homeland Security : United States Citizenship and Immigration Services
Protester: ProTech Services USA, LLC
Date: 2019-07-19
Denied
B-417484
Jul 19, 2019
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Highlights
Pro Tech Services USA, LLC, a service-disabled veteran-owned small business of McLean, Virginia, protests its elimination from the competition for request for proposals (RFP) No. 70SBUR19R000000002 by the Department of Homeland Security (DHS), U.S. Citizen and Immigration Services (USCIS), a decision DHS made because ProTech failed to provide evidence of a facility clearance. The agency issued the RFP in order to acquire service center operations support, including correspondence management, data collection, and fee collection services. Because the correspondence management function includes the processing of mail classified at the secret level, the RFP required offerors to provide evidence of facility clearance. The protester contends that the agency's evaluation of the facilities clearance requirement was properly a responsibility determination that the agency was required to refer to the Small Business Administration (SBA) for adjudication.
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: ProTech Services USA, LLC
File: B-417484
Date: July 19, 2019
John R. Tolle, Esq., and H. Todd Whay, Esq., Baker, Cronogue, Tolle & Werfel, LLP, for the protester.
Eric C. Crane, Esq., and Beth Sturgess, Esq., Department of Homeland Security, for the agency.
Stephanie B. Magnell, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest is denied where protester failed to comply with a material solicitation requirement regarding facility clearances.
DECISION
Pro Tech Services USA, LLC, a service-disabled veteran-owned small business of McLean, Virginia, protests its elimination from the competition for request for proposals (RFP) No. 70SBUR19R000000002 by the Department of Homeland Security (DHS), U.S. Citizen and Immigration Services (USCIS), a decision DHS made because ProTech failed to provide evidence of a facility clearance.[1] The agency issued the RFP in order to acquire service center operations support, including correspondence management, data collection, and fee collection services. Because the correspondence management function includes the processing of mail classified at the secret level, the RFP required offerors to provide evidence of facility clearance. The protester contends that the agency’s evaluation of the facilities clearance requirement was properly a responsibility determination that the agency was required to refer to the Small Business Administration (SBA) for adjudication.
We deny the protest.
BACKGROUND
On October 24, 2018, DHS issued the solicitation under the agency’s Program Management, Administration, Operation (Clerical), and Technical Services II indefinite-delivery, indefinite-quantity (IDIQ) contract in accordance with the procedures of Federal Acquisition Regulation subpart 16.505. Contracting Officer’s Statement (COS) at 1; RFP, amend. 0004, at 2. The agency intended to issue two fixed-price task orders, one supporting the California and Vermont service centers, and one supporting the Nebraska and Texas service centers, with total durations, including all options, of 46 and 44 months, respectively. COS at 1, RFP at 27. DHS intended to make award to the two offerors whose proposals presented the best value to the agency, considering the following five factors: technical approach, management approach, staffing approach, past performance, and price.[2] RFP at 27, 33. The first three factors were of equal importance, and past performance was the least important of the non-price factors. Id.
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