Active Deployment Systems, Inc. (70B01C21Q00000009)

B-419696 Apr 26, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Active Deployment Systems, Inc. (ADS), of San Marcos, Texas, protests the terms of request for quotations (RFQ) No. 70B01C21Q00000009, issued by the Department of Homeland Security, Customs and Border Protection (CBP), for operational supplies and services in support of the agency's Emergency Operations Center. ADS argues that the RFQ unreasonably contemplates the establishment of a single blanket purchase agreement (BPA) instead of multiple BPAs. 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:  Active Deployment Systems, Inc. File:  B-419696 Date:  April 26, 2021 Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., John M. Mattox II, Esq., and Ian P. Patterson, Esq., Schoonover & Moriarty LLC, for the protester. Joseph M. Barbato, Esq., and Adam Struble, Esq., Department of Homeland Security, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the solicitation unreasonably contemplates the establishment of a single blanket purchase agreement and not multiple such agreements is denied where the record shows that the agency’s decision was reasonably made in accordance with applicable procurement statutes and regulations. DECISION   Active Deployment Systems, Inc. (ADS), of San Marcos, Texas, protests the terms of request for quotations (RFQ) No. 70B01C21Q00000009, issued by the Department of Homeland Security, Customs and Border Protection (CBP), for operational supplies and services in support of the agency’s Emergency Operations Center.  ADS argues that the RFQ unreasonably contemplates the establishment of a single blanket purchase agreement (BPA) instead of multiple BPAs. We deny the protest. BACKGROUND On January 29, 2021, CBP issued the RFQ, pursuant to the procedures set forth under Federal Acquisition Regulation (FAR) subpart 8.4, to procure “turnkey” (i.e., immediately usable) portable personal care facilities and shelters, as well as installation, repair, maintenance, water supply, and waste disposal services.  Agency Report (AR), Tab R, RFQ at 5, 13-16, 53.[1]  These portable structures and services are needed when the agency’s facilities are compromised due to temporary disruptions, including natural disasters or surges in border security and immigration enforcement.[2]  Id. at 50.  As a result, the goods and services must be delivered rapidly after the agency issues an order against the BPA.  Id. at 53.  For example, the selected contractor must deliver services to locations inside the continental United States within 24 hours when responding to an emergency, or within 72 hours when responding to non-emergency situations.  Id. The RFQ contemplated the establishment of a single BPA, issued against the selected contractor’s federal supply schedule contract, with orders to be performed over a 1‑year base period, and four 1-year option periods.  RFQ at 67.  The RFQ had an estimated value of $24,600,000.  Id. at 27.  Establishment of the BPA would be made on a best‑value tradeoff basis, considering technical, past performance, and price factors.  Id. at 20-23.  The RFQ closed on March 22, 2021.  AR, Tab S, RFQ, amend. 1 at 1.  ADS filed this protest prior to the closing date. [3] DISCUSSION ADS argues that the RFQ unreasonably contemplates the establishment of a single BPA, as opposed to multiple BPAs.  Protest at 2.  Specifically, ADS argues that the agency’s market research dictated that establishing multiple BPAs was preferable because no single contractor surveyed indicated that it could perform all of the requisite services.  Comments at 2-7.  ADS also argues that the agency did not undertake the requisite analysis under FAR section 8.405‑3(a)(3) to determine that a single BPA was preferable.  Protest at 3; see also Comments at 7‑10.  CBP responds that establishing a single BPA was the best method of accommodating its needs.  Memorandum of Law (MOL) at 4.  When drafting a solicitation to obtain goods and services under a schedule contract, the determination of a contracting agency’s needs and the best method of accommodating them are matters primarily within the agency’s discretion.  BHB Ltd. P’ship & Indiana Assocs. Ltd. P’ship, B‑417760 et al., Oct. 9, 2019, 2019 CPD ¶ 356 at 4; accord Encompass Grp., LLC, B‑410726, Feb.