Protection Strategies, Inc. (15JPSS20Q00000014)
Case: B-419302
Agency: Department of Justice
Protester: Protection Strategies, Inc.
Date: 2021-05-06
Granted
B-419302.3
May 06, 2021
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Highlights
Protection Strategies, Inc., a service-disabled veteran-owned small business of Knoxville, Tennessee, requests that we recommend the firm be reimbursed its reasonable costs of pursuing its protest. Protection Strategies challenged the issuance of a task order to Armada Ltd., by the Department of Justice (DOJ) under request for quotations (RFQ) No. 15JPSS20Q00000014, which was issued for various security services. The protester alleged that the agency engaged in unequal discussions, improperly evaluated the awardee's quotation, relied on a flawed independent government cost estimate (IGCE), failed to perform a required price realism analysis, and made award based on an erroneous best-value tradeoff decision. After our Office advised the parties that GAO would likely sustain the protest during an outcome prediction alternate dispute resolution (ADR) conference, DOJ indicated that it would take corrective action and we dismissed the protest as academic.
We grant the request in part and deny the request in part.
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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: Protection Strategies, Inc.--Costs
File: B-419302.3
Date: May 6, 2021
Antonio R. Franco, Esq., Jacqueline K. Unger, Esq., and Christine C. Fries, Esq., Piliero Mazza PLLC, for the protester.
Andrew J. Baker, Esq., Department of Justice, for the agency.
Stephanie B. Magnell, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. GAO recommends reimbursement of the reasonable costs of filing and pursuing protest grounds challenging the best-value tradeoff decision, where this argument is not severable from the meritorious issues.
2. GAO does not recommend reimbursement of abandoned protest grounds alleging that the agency overlooked meritorious aspects of the protester’s staffing plan and technical approach.
3. GAO does not recommend reimbursement of a challenge that the agency’s evaluation of corporate experience and past performance was flawed, as this ground was not clearly meritorious and is severable from the clearly meritorious protest grounds.
DECISION
Protection Strategies, Inc., a service-disabled veteran-owned small business of Knoxville, Tennessee, requests that we recommend the firm be reimbursed its reasonable costs of pursuing its protest. Protection Strategies challenged the issuance of a task order to Armada Ltd., by the Department of Justice (DOJ) under request for quotations (RFQ) No. 15JPSS20Q00000014, which was issued for various security services. The protester alleged that the agency engaged in unequal discussions, improperly evaluated the awardee’s quotation, relied on a flawed independent government cost estimate (IGCE), failed to perform a required price realism analysis, and made award based on an erroneous best-value tradeoff decision. After our Office advised the parties that GAO would likely sustain the protest during an outcome prediction alternate dispute resolution (ADR) conference, DOJ indicated that it would take corrective action and we dismissed the protest as academic.
We grant the request in part and deny the request in part.
BACKGROUND
On January 14, 2020, DOJ issued the RFQ to obtain security program support services for the Executive Office for the United States Attorney under General Services Administration Federal Supply Schedule 84, Total Solutions for Law Enforcement, Security, Facility Management Systems, Fire, Rescue, Special Purpose Clothing, Marine Craft and Emergency/Disaster Response. Agency Report (AR), Tab 2.1, RFQ.[1] The RFQ was set aside for service-disabled veteran-owned small businesses and contemplated a single task order award on a best-value tradeoff basis, considering the factors of technical merit and price. Id. at 65-66. The technical merit factor consisted of three evaluation areas in decreasing order of importance: technical approach, staffing plan, and corporate experience and past performance. Id. at 67. Protection Strategies and Armada submitted timely proposals by the March 3 deadline.
On June 10, the technical evaluation panel (TEP) concluded its initial evaluation of the quotations. AR, Tab C.1, Technical Evaluation Report. It determined that Armada and Protection Strategies were in the competitive range, but that each quotation required clarifications and revisions. See generally id. On June 12, DOJ opened discussions with Protection Strategies and sought a revised quotation.
On June 24, Armada and Protection Strategies submitted revised quotations.
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