ISS Action, Inc. (89233120RNA000078)

B-419469 Mar 19, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights ISS Action, Inc., of Jamaica, New York, a small business, protests the award of a contract to Montech Inc., of Albuquerque, New Mexico, under request for proposals (RFP) No. 89233120RNA000078, issued by the Department of Energy (DOE), National Nuclear Security Administration (NNSA), for security services at the agency's Albuquerque complex campus and the Albuquerque complex project administrative building (currently under construction), which are located on Kirtland Air Force Base, in Albuquerque, New Mexico. ISS argues that DOE misevaluated Montech's proposal as technically acceptable. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of:  ISS Action, Inc. File:  B-419469 Date:  March 19, 2021 Robert K. Tompkins, Esq., Hillary J. Freund, Esq., and Kelsey M. Hayes, Esq., Holland & Knight LLP, for the protester. Jeffrey E. Weinstein, Esq., Weinstein Law Group, PLLC, for Montech Inc., the intervenor. JiSan A. López, Esq., Department of Energy, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that contracting agency misevaluated the awardee’s proposal as technically acceptable is denied where the record reflects that the evaluation was reasonable and consistent with the terms of the solicitation.  DECISION ISS Action, Inc., of Jamaica, New York, a small business, protests the award of a contract to Montech Inc., of Albuquerque, New Mexico,[1] under request for proposals (RFP) No. 89233120RNA000078, issued by the Department of Energy (DOE), National Nuclear Security Administration (NNSA), for security services at the agency’s Albuquerque complex campus and the Albuquerque complex project administrative building (currently under construction), which are located on Kirtland Air Force Base, in Albuquerque, New Mexico.  ISS argues that DOE misevaluated Montech’s proposal as technically acceptable.  We deny the protest. BACKGROUND The RFP, issued August 5, 2020, sought proposals from woman-owned small businesses to provide a range of security services.  As described more in an accompanying performance work statement (PWS), the contractor’s duties included providing security program planning, physical security, protective force, alarm monitoring and response, security management and supervision, access control, security officer and visitor control specialist training, security patrols, implementing and maintaining appropriate staffing for all positions, non-security emergency response, plans and procedures development and implementation, alarm monitoring station, visitor control and secure credential issuance and control, and other duties as required.  AR, Tab 2.C, RFP amend. 1 attach. 1 (Revised PWS) at 4.  The RFP contemplated award of a contract to the offeror submitting the lowest-priced, technically acceptable proposal.  AR, Tab 2.B., RFP amend. 1 appx. 1 at 8-10.  The contract would be performed over a 1‑year base period, four annual options, and an extension-of-services option for up to 6 months.  Id. Technical acceptability would be assessed under a single technical capability criterion comprised of three subcriteria:  security requirements, personnel qualifications, and staffing approach.  Id. at 11-12.  The security requirements subcriterion assessed whether the offeror had an active facility clearance code for itself and for all subcontractors.  Id. at 12.  The personnel qualifications subcriterion assessed whether the offeror’s proposed key personnel possessed the required qualifications for their positions of project manager and training manager.  Id.  Finally, the staffing approach subcriterion assessed whether the proposal had addressed “all minimum required elements listed under [RFP] Section L, NNS-L-1003 -- VOLUME II -- TECHNICAL CAPABILITY INSTRUCTIONS (b)(3)(i) and (b)(3)(ii)[.]”  AR, Tab 2.B, RFP amend. 1 appx. 1 at 12.  DOE acknowledges that there was no instruction (b)(3)(ii) in section L of the RFP, so the evaluation was limited to assessing compliance with instruction (b)(3)(i).  MOL at 7 n.1.  In section L, paragraph (b)(3)(i) of the instructions directed each offeror to explain its approach to recruitment and backfill of personnel as needed during contract performance by describing the offeror’s specific resources, vetting processes, and timeframes to recruit and backfill personnel for each labor category.  AR, Tab 2.B, RFP amend. 1 appx. 1 at 8. DOE received proposals from ISS, Montech, and seven other offerors.