VxL Enterprises, LLC (70RFP420RE7000009)

B-419467.2 Mar 08, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights VxL Enterprises, LLC, of Alexandria, Virginia, protests the award of a contract to Triple Canopy, Inc., of Herndon, Virginia, under request for proposals (RFP) No. 70RFP420RE7000009, issued by the Department of Homeland Security (DHS), Federal Protective Service (FPS) for armed protective security officer services. VxL challenges the reasonableness of the agency's past performance evaluation. 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:  VxL Enterprises, LLC File:  B-419467.2 Date:  March 8, 2021 Edward J. Tolchin, Esq., Offit Kurman, P.A., for the protester. Daniel Strouse, Esq., John J. O’Brien, Esq., and David S. Cohen, Esq., Cordatis Law LLP, for Triple Canopy, Inc., the intervenor. Denise A. McLane, Esq., Department of Homeland Security, for the agency. Kenneth Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s evaluation of past performance is denied where the evaluation was reasonable and consistent with the solicitation and procurement law and regulation. DECISION   VxL Enterprises, LLC, of Alexandria, Virginia, protests the award of a contract to Triple Canopy, Inc., of Herndon, Virginia, under request for proposals (RFP) No. 70RFP420RE7000009, issued by the Department of Homeland Security (DHS), Federal Protective Service (FPS) for armed protective security officer services.  VxL challenges the reasonableness of the agency’s past performance evaluation. We deny the protest. BACKGROUND As the federal agency charged with protecting and delivering integrated law enforcement and security services to facilities owned or leased by the General Services Administration, FPS is responsible for securing over 9,000 buildings and safeguarding their occupants.  Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 1.  This solicitation was for protective security officer (PSO) services throughout Oklahoma.  The solicitation contemplated the issuance of a single indefinite-delivery, indefinite-quantity contract under which the agency would place fixed-priced task orders.  Agency Report (AR), Tab 2, RFP at 13.  Award would be made to the offeror whose proposal represented the best value to the agency considering relevant past performance, management approach[1], and price.  Id. at 475.  The relevant past performance factor was more important than the management approach factor; combined, those two factors were more important than price.  Id.  For the evaluation of past performance, the RFP permitted offerors to submit up to three contract references.  RFP, attach. 9 at 1.  Where an offeror proposed a teaming arrangement, the RFP permitted the submission of up to three contract references for the teaming partner or subcontractor.  Id.  The agency also reserved the right to obtain information for use in the evaluation of past performance from any and all sources, including sources outside of the government.  RFP at 475.  The RFP advised that the assessment of relevant past performance would “be used as a means of evaluating the relative capability of the offeror and other competitors to successfully meet the requirements of the RFP.”  Id.  In determining the rating for the past performance evaluation factor, the agency would “give greater consideration to the contracts which the Government feels are most relevant to the RFP.”  Id. The agency would evaluate the quality of recent and relevant past performance.  A recent reference was a contract currently being performed or performed within the last 3 years.  Id. at 478.  The agency would determine relevance by analyzing the scope, magnitude, and complexity of the past performance references and comparing them to the current requirement.  Id.  To determine relevance, the agency reserved the right to evaluate submitted projects individually or in the aggregate, consistently across all proposals.  Id. Seventeen offerors--including VxL and the awardee--submitted timely proposals.  COS/MOL at 1. As relevant to this protest, the agency considered several factors in evaluating the magnitude and complexity of past performance references.[2]  A past performance reference could show similar magnitude by meeting any one of the following three criteria:  annual contract value greater than $10 million dollars, more than 120 PSOs, or more than 200,000 annual hours.  Id.