TeamGOV, Inc. (47PD0121Q0007)

B-419865.2,B-419865.3 Nov 10, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights TeamGOV, Inc., a small business of Landover, Maryland, protests the terms of request for quotations (RFQ) No. 47PD0121Q0007, issued by the General Services Administration (GSA) for facilities engineering, operation and maintenance (O&M), and related services at four locations in Suitland, Maryland. The protester alleges that the agency improperly removed the requirements from the 8(a) program without seeking approval from the Small Business Administration (SBA) in accordance with applicable regulations. 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:  TeamGOV, Inc. File:  B-419865.2; B-419865.3 Date:  November 10, 2021 Sean Trice, Esq., and Ralph C. Thomas III, Esq., Mesh Law, LLC, for the protester. Robert Notigan, Esq., and Alexis N. Webster, Esq., General Services Adminsitration; and Mark Hagedorn, Esq., and John W. Klein, Esq., Small Business Administration, for the agencies. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest that an agency improperly removed requirements from Small Business Administration’s (SBA) 8(a) program without seeking release from the SBA is denied where the record shows that the solicitation was for a “new” requirement.  2.  Protest that an agency, in a solicitation for the establishment of a blanket purchase agreement (BPA), failed to meet the statutory and regulatory requirements applicable to bundling is denied where the requirements do not apply to BPAs. DECISION TeamGOV, Inc., a small business of Landover, Maryland, protests the terms of request for quotations (RFQ) No. 47PD0121Q0007, issued by the General Services Administration (GSA) for facilities engineering, operation and maintenance (O&M), and related services at four locations in Suitland, Maryland.  The protester alleges that the agency improperly removed the requirements from the 8(a) program without seeking approval from the Small Business Administration (SBA) in accordance with applicable regulations.[1] We deny the protest. BACKGROUND The RFQ was issued on April 7, 2021, on an unrestricted basis, for the establishment of a single fixed-price blanket purchase agreement (BPA) under GSA’s Federal Supply Schedule (FSS), Multiple Award Schedule, Facilities-Facilities Maintenance and Repair, under the rules prescribed by section 8.405-3 of the FAR for a 1-year base period and nine 1-year option periods.[2]  Agency Report (AR), exh. 2, RFQ at 1, 2, 4, 12.[3]  The BPA would be established using a best-value tradeoff, considering price and the following non-price evaluation factors, listed in descending order of importance:  management plan, prior experience, and past performance.  Id. at 12.  The non-price factors, when combined, were more important than price.  Id.  The initial quotation due date of May 27, 2021, was extended to August 6.  Contracting Officer’s Statement (COS) at 1.  In general terms, the contractor is to provide facilities engineering, operation and maintenance, and related services[4] at the following four locations within the Census Bureau campus in Suitland, Maryland:  (1) Census Headquarters, North Building and Garage; (2) Census Headquarters, South Building and Garage; (3) Washington National Records Center; and (4) Suitland Child Care Center.  PWS at 11; Memorandum of Law (MOL) at 1.  The solicitation advises that the contractor must provide “management, supervision, labor, materials, equipment, and supplies,” and “shall be responsible for the efficient, effective, economical, and satisfactory operation, scheduled and unscheduled maintenance, and repair of equipment and systems” within the property line of those locations.  PWS at 1, 11.  Currently two contractors perform various services that are encompassed by the PWS at the four locations under two separate 8(a) contracts that were awarded in 2020.  GSA Resp. to SBA Comments at 5; AR, exh. 5, Tab 5, SBA Approval Letter; exh. 5, Tab 8, Sole-Source Justification and Approval (J&A); exh. 6, Tab 3, N&S Property Services, LLC Award at 2.  The PWS states that the BPA here will be a departure from GSA’s traditional model previously used to procure basic operation, maintenance and repair services.  PWS at 11, 18.  The PWS explains that historically the agency solely procured the mechanical maintenance component of an entire facilities management program.  Id. at 11, 18.  These procurements used a national template statement of work and attempted enforcement of performance through robust inspections and aggressive monetary deductions.  Id.