Government Contracting Services, LLC (36C10F20R0065)

Case: B-419138 Agency: Department of Veterans Affairs Protester: Government Contracting Services, LLC Date: 2021-03-17 Denied
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B-419138.2 Mar 17, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Government Contracting Services, LLC (GCS), a service-disabled veteran-owned small business of Tacoma, Washington, requests reconsideration of our decision, Government Contracting Servs., LLC, B-419138, Nov. 2, 2020 (unpublished decision), dismissing as untimely the company's protest challenging numerous aspects of the solicitation under which the Department of Veterans Affairs (VA) made award to Hurtvet Subcontracting LLC, of Mobile, Alabama. The award was made under request for proposals (RFP) No. 36C10F20R0065, issued by the agency for an assessment of the physical access control systems and electronic security systems (PACS/ESS) at the VA's financial services centers in Austin, Texas and Waco, Texas. We deny the request for reconsideration. View Decision Decision Matter of:  Government Contracting Services, LLC--Reconsideration File:  B-419138.2 Date:  March 17, 2021 Kevin Ingley for the protester. John C. Huebl, Esq., Department of Veterans Affairs, for the agency. John Sorrenti, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration of decision dismissing protest as an untimely challenge to the terms of the solicitation is denied where the requesting party has not shown that the decision contains errors of fact or law that warrant reversal or modification. DECISION   Government Contracting Services, LLC (GCS), a service-disabled veteran-owned small business of Tacoma, Washington, requests reconsideration of our decision, Government Contracting Servs., LLC, B-419138, Nov. 2, 2020 (unpublished decision), dismissing as untimely the company’s protest challenging numerous aspects of the solicitation under which the Department of Veterans Affairs (VA) made award to Hurtvet Subcontracting LLC, of Mobile, Alabama.  The award was made under request for proposals (RFP) No. 36C10F20R0065, issued by the agency for an assessment of the physical access control systems and electronic security systems (PACS/ESS) at the VA’s financial services centers in Austin, Texas and Waco, Texas. We deny the request for reconsideration. On June 2, 2020, the agency issued the RFP to acquire assessment and evaluation of the PACS/ESS at the Austin and Waco financial service centers.  Req. for Dismissal, exh. 1, RFP at 1, 10.  The RFP explained that the work would be conducted in two phases.  Id. at 11.  Phase one involved the performance of a site assessment of all PACS/ESS components at the financial services centers, which would include developing remediation options that would be presented to the VA once the assessment was completed.  Id.  Phase two would occur once the site assessment was completed and would involve performing the work outlined in the remediation plans to bring the PACS/ESS systems into compliance with applicable requirements.  Id. at 12.  The RFP explained that phase two was an option and would occur only if the VA selected the desired remediation option plan and engaged the contractor to perform the work.  Id. at 11-12.  The RFP provided for award of a fixed-price contract to the offeror whose proposal was most advantageous to the agency considering the following factors:  team and management approach, key personnel, past performance, and price/cost.  Id. at 67.  The RFP did not explain how the agency would evaluate proposals under these factors.  See id.  As relevant here, the RFP included a price/cost schedule that contained five contract line item numbers (CLINs).  Id. at 38-39.  The first CLIN was for the phase one site assessment, and the second CLIN was the option for phase two.[1]  Id.  In response to questions about pricing the CLINs, the agency clarified that offerors were required to price only the first CLIN for the phase-one site assessment.  Req. for Dismissal, exh. 2, RFP amend. 1, at 3.  The agency further explained that the option CLINs, including the CLIN for phase two, would be priced only by the contractor awarded the phase-one work.  Id.

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