The Severson Group, LLC (N0060420Q4005)

B-418673.5 Dec 04, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The Severson Group, LLC (Severson), of San Marcos, California, an 8(a) small business concern, protests the award of a contract by the Department of the Navy, Naval Supply Systems Command, to the State of Hawaii, Department of Human Services, Division of Vocational Rehabilitation, Ho'opono-Services for the Blind (Ho'opono), under request for quotations (RFQ) No. N0060420Q4005, for mess attendant services for the Silver Dolphin Bistro, Joint Base Pearl Harbor. The protester contends that the awardee proposed a key person that it knew would not be available to perform, that is, the awardee engaged in a "bait and switch." 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:  The Severson Group, LLC File:  B-418673.5 Date:  December 4, 2020 Matthew E. Feinberg, Esq., Lauren R. Brier, Esq., and Matthew E. Kreiser, Esq., Piliero Mazza PLLC, for the protester. Daniel F. Edwards, Esq., and Tara D. Hopkins, Esq, Frost Brown Todd, LLC, for the intervenor. Melissa Martin, Esq., Department of the Navy, for the agency. Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee engaged in an impermissible “bait and switch” of a key employee is denied where the protester has not demonstrated that the proposed key employee was not available or that the awardee intended to replace the proposed key employee with a less qualified person. DECISION   The Severson Group, LLC (Severson), of San Marcos, California, an 8(a) small business concern, protests the award of a contract by the Department of the Navy, Naval Supply Systems Command, to the State of Hawaii, Department of Human Services, Division of Vocational Rehabilitation, Ho’opono-Services for the Blind (Ho’opono), under request for quotations (RFQ) No. N0060420Q4005, for mess attendant services for the Silver Dolphin Bistro, Joint Base Pearl Harbor.  The protester contends that the awardee proposed a key person that it knew would not be available to perform, that is, the awardee engaged in a “bait and switch.”[1]  We deny the protest. BACKGROUND The RFQ, issued on November 27, 2019, solicited proposals from State licensing agencies (SLA) under the Randolph-Sheppard Act (20 U.S.C. §§ 107(a)-(f)), and 8(a) small business concerns.  Agency Report (AR), Tab 1, RFQ, amend. 3 at 1.  The Randolph-Sheppard Act (RSA) has the stated purpose of “providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting.”  20 U.S.C. § 107(a).  The RSA directs the Secretary of Education to designate SLAs, which are responsible for training and licensing blind persons.  Id. § 107a(a)(5).  The RSA also establishes a priority for blind persons, represented by SLAs under the terms of the RSA, in the award of contracts for, among other things, the operation of vending facilities, including cafeterias, on federal property.  Id. §§ 107(b), 107e(7).  Accordingly, the implementing regulations of the Department of Education provide that federal agencies requiring cafeteria services must invite SLAs to respond to a solicitation for such services.  34 C.F.R. § 395.33(b).  If a designated SLA submits an offer found to be within the competitive range for the acquisition, the agency will enter into negotiations solely with the SLA, in an effort to obtain the services at a reasonable cost.  Id. § 395.33(a), (b). Here, in accordance with the requirements of the RSA, the solicitation provided that:  A single award will be made on the basis of the lowest evaluated price of quotes (with the exception of where priority is given to the SLA) meeting the acceptability standards for non-cost factors.  The Government intends to award on initial quotes but reserves the right to conduct discussions. Competition is limited to 8(a) small businesses and the State Licensing [Agency] (SLA) under the Randolph Sheppard Act (RSA), with the intent to follow competitive procedures permitted under the RSA; pursuant to 20 USC 107 and 34 CFR 395.33, a RSA State Licensing Agency (SLA) that submits an offer will be granted a priority in the source selection.  If an SLA submits an offer that is in the competitive range, the Contracting Officer may initiate discussions solely with the SLA for the purpose of facilitating an award to the SLA without further consideration of the other quoters.  The SLA may be included in the competitive range even if it is not the lowest priced.  RFQ amend.