Clear Global Solutions, LLC (89303019QFE000003)
Case: B-419402
Agency: Department of Energy
Protester: Clear Global Solutions, LLC
Date: 2021-02-05
Denied
B-419402
Feb 05, 2021
Jump To
VIEW DECISION
DOWNLOADS
RELATED PAGES
GAO CONTACTS
Highlights
Clear Global Solutions, LLC (CGS), a small business of Windsor, Colorado, protests the issuance of a task order to Strativia LLC, a small business of Largo, Maryland, under request for quotations (RFQ) No. 89303019QFE000003, issued by the Department of Energy (DOE), for a broad range of logistical, administrative, and management support for DOE's Office of Fossil Energy (FE). The protester contends that the agency unreasonably evaluated its staffing approach and past performance, improperly evaluated the realism of Strativia's price, and issued a flawed selection decision.
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: Clear Global Solutions, LLC
File: B-419402
Date: February 5, 2021
Thomas K. David, Esq., Kenneth D. Brody, Esq., and Katherine A. David, Esq., David, Brody & Dondershine, LLP, for the protester.
Dominique L. Casimir, Esq., and Carolyn Cody-Jones, Esq., Blank Rome LLP, for Strativia LLC, the intervenor.
Nicholas M. Bidwell, Esq., James J. Jurich, Esq., and John L. Bowles, Esq., Department of Energy, for the agency.
Charmaine A. Stevenson, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging the agency’s evaluation of quotations and selection decision is denied where the agency’s evaluation and selection decision are reasonable and consistent with the solicitation.
DECISION
Clear Global Solutions, LLC (CGS), a small business of Windsor, Colorado, protests the issuance of a task order to Strativia LLC, a small business of Largo, Maryland, under request for quotations (RFQ) No. 89303019QFE000003, issued by the Department of Energy (DOE), for a broad range of logistical, administrative, and management support for DOE’s Office of Fossil Energy (FE). The protester contends that the agency unreasonably evaluated its staffing approach and past performance, improperly evaluated the realism of Strativia’s price, and issued a flawed selection decision.
We deny the protest.
BACKGROUND
The RFQ, issued on December 5, 2019, pursuant to Federal Acquisition Regulation (FAR) subpart 8.4, was set aside for 8(a) small businesses with contracts under General Services Administration (GSA), Professional Services Schedule, Special Item Number 874 7, Integrated Business Program Support Services. Agency Report (AR), Tab A.1, RFQ at 1. The RFQ contemplated award of a labor hour task order with a period of performance consisting of a 1-year base period and four 1-year option periods. Id. at 8, 28.
The RFQ stated that quotations would be evaluated under the following factors, listed in descending order of importance: staffing approach, technical capability, past performance, and price. Id. at 30. The staffing approach and technical capability factors were to be adjectivally rated as follows: outstanding, good, satisfactory, marginal, or unsatisfactory. Id. Past performance was to be rated as favorable, unfavorable, or neutral. Id. Price was to be evaluated to determine reasonableness and completeness. Id. The RFQ additionally stated as follows:
[T]he Government may conduct a price realism analysis for the purposes of measuring a [vendor’s] understanding of the requirements when proposing the compensation for professional employees under federal contracts. The Government may evaluate the price quote to assure that it reflects a sound management approach and understanding of the contract requirements.
Id. at 30-31. The RFQ stated that award would be made to the firm whose quotation was determined to be the best value to the government, where “the technical evaluation is significantly more important than the evaluated price.” Id. at 30.
The agency received six quotations by the January 14, 2020 due date, including from CGS and Strativia. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 6. In its quotation, CGS identified the incumbent contractor as its proposed subcontractor. AR, Tab C, CGS Quotation at 4. As required by the RFQ under the staffing approach factor, CGS identified an individual (Ms. A) as its proposed project manager. Id. at 21-23. However, in its final evaluation, the agency identified a significant weakness based on the conclusion that CGS’s proposed project manager was no longer available to perform. AR, Tab E.1, Technical Evaluation Report at 6. The overall final evaluation results for CGS and Strativia were as follows:
CGS
Strativia
Staffing Approach
Marginal
Outstanding
Technical Capability
Outstanding
Outstanding
Past Performance
Favorable
Favorable
Price
$18,544,695
$13,696,039
Id.
Full decision text continues on ProtestIntel...