Continuity Global Solutions-Secure Me WLL Security, JV (19AQMM21R0012)

B-419875 Aug 12, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Continuity Global Solutions-Secure Me WLL Security Joint Venture (CGS-SM) of Falls Church, Virginia, protests the rejection of the proposal it submitted in response to request for proposals (RFP) No. 19AQMM21R0012, issued by the Department of State for the provision of local guard services at the United States embassy in Bahrain. The protester contends that the agency improperly rejected its proposal because it was not registered in the system for award management (SAM) at the time of contract award. We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency's action. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This version has been approved for public release. Decision Matter of:  Continuity Global Solutions-Secure Me WLL Security, JV File:  B-419875 Date:  August 12, 2021 Robert Nichols, Esq., and Samuel Van Kopp, Esq., Nichols Liu LLP, for the protester. John W. Cox, Esq., Department of State, for the agency. Uri R. Yoo, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s rejection of proposal for failure to satisfy the requirement to be registered in the system for award management prior to award and argument the agency should waive the requirement is dismissed for failure to state a valid basis of protest; waiver of a solicitation requirement is a discretionary action, and offerors have no entitlement to waiver. DECISION Continuity Global Solutions-Secure Me WLL Security Joint Venture (CGS-SM) of Falls Church, Virginia, protests the rejection of the proposal it submitted in response to request for proposals (RFP) No. 19AQMM21R0012, issued by the Department of State for the provision of local guard services at the United States embassy in Bahrain.  The protester contends that the agency improperly rejected its proposal because it was not registered in the system for award management (SAM) at the time of contract award.  We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency’s action. The jurisdiction of our Office is established by the bid protest provisions of the Competition in Contracting Act of 1984, 31 U.S.C. §§ 3551-3557.  Our role in resolving bid protests is to ensure that the statutory requirements for full and open competition are met.  Cybermedia Tech., Inc., B‑405511.3, Sept. 22, 2011, 2011 CPD ¶ 180 at 2.  To achieve this end, our Bid Protest Regulations, 4 C.F.R. §§ 21.1(c)(4) and (f), require that a protest include a detailed statement of the legal and factual grounds for the protest, and that the grounds stated be legally sufficient.  These requirements contemplate that protesters will provide, at a minimum, either allegations or evidence sufficient, if uncontradicted, to establish the likelihood that the protester will prevail in its claim of improper agency action.  Midwest Tube Fabricators, Inc., B‑407166, B‑407167, Nov. 20, 2012, 2012 CPD ¶ 324 at 3. The agency issued the RFP on January 10, 2021, seeking local guard services at the United States embassy in Manama, Bahrain.  Agency Req. for Dismissal, attach. 1, RFP at 1, 9.  The solicitation was issued under the procedures of Federal Acquisition Regulation (FAR) part 15, Contracting by Negotiation.  Id. at 1.  The RFP provided for award to the responsive and responsible offeror with the lowest-priced proposal meeting or exceeding the technical requirements.  Id. at 85.  The solicitation notified offerors that to be eligible for award, the firm submitting the proposal must be registered in SAM prior to award.  Id. at 67 (incorporating FAR provision 52.204-7, System for Award Management, (Oct. 2013)).  The October 2013 version of the FAR provision, as incorporated into the RFP, stated that, “[b]y submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract . . .