CGS-SPP Security, JV (19AQMM21R0036)

B-419997 Oct 12, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Continuity Global Solutions-SPP Security Joint Venture, of Falls Church, Virginia, protests the decision of the Department of State not to consider its proposal for award under request for proposals (RFP) No. 19AQMM21R0036 for local guard services for the U.S. mission in Australia. Continuity Global contends that it submitted a timely proposal that the agency improperly declined to consider for award. We dismiss the protest. 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-SPP Security Joint Venture File:  B-419997 Date:  October 12, 2021 Robert Nichols, Esq., and Andrew Victor, 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 that agency improperly refused to consider the protester’s proposal is dismissed where the solicitation was patently defective as to where offerors were required to submit proposals electronically and the protester failed to protest the resulting ambiguity prior to the time for receipt of proposals. DECISION Continuity Global Solutions-SPP Security Joint Venture, of Falls Church, Virginia, protests the decision of the Department of State not to consider its proposal for award under request for proposals (RFP) No. 19AQMM21R0036 for local guard services for the U.S. mission in Australia.  Continuity Global contends that it submitted a timely proposal that the agency improperly declined to consider for award. We dismiss the protest. BACKGROUND The Department of State issued the RFP on December 3, 2020, seeking proposals to provide local guard services for the U.S. mission in Australia.  Agency Report (AR), Tab 2, RFP at 1, 6.  The solicitation, issued under Federal Acquisition Regulation (FAR) part 15, contemplated the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract on a time-and-material/labor-hour basis for one base year and four 1-year option periods.  Id. at 2, 20, 113.  After the agency responded to vendor questions and issued subsequent amendments, the final due date for proposal submissions was January 10, 2021.  AR, Tab 9, RFP amend. 2 at 1, 113. The solicitation’s instructions about the time and place for the submission of proposals, in its entirety, follows: L.4 Time, Place, and Submission of Offer The Offeror shall assume full and total responsibility for ensuring electronic submission via email that its offer is received by: January 10, 2020 - 10:00 EASTERN STANDARD TIME (SEE BLOCK 9 OF THE SF-33). If an Offeror desires, it should contact Contract Specialist Nicholas Cloutier, at email (CloutierNS@state.gov) 48 hours in advance to notify of submission of offer. AR, Tab 10, RFP amend. 3 at 113.[1]  Block 9 of the standard form (SF) 33, in turn, stated as follows: Sealed offers in original and ____ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until ____ local time __01/03/2021__. AR, Tab 2, RFP at 1.  However, item 8 of the SF-33 was left blank except for the block title of “ADDRESS OFFER TO (if other than item 7).”  Id.  Item 7 of the SF‑33, in turn, identified that the solicitation was “ISSUED BY” the Office of Acquisition Management and provided the mailing address for the office.  Id. In addition, item 10 of the SF-33, titled “FOR INFORMATION E-MAIL,” provided the name, phone number, and email address of Mr. Nicholas Cloutier, the same contract specialist named in section L.4 of the RFP for advance notice of proposal submission.  Id. at 1; see AR, Tab 10, RFP amend. 3 at 113.  Item 26 of the SF-33, however, identified the “NAME OF CONTRACTING OFFICER” as Fabiola A. Bellevue, without providing any other information, such as an email address.  AR, Tab 2, RFP at 1.  The RFP also identified Crystal Sutliff as the primary contracting officer for the administrative contracting office.  AR, Tab 10, RFP amend. 3 at 24. The agency issued three amendments to the solicitation.  None of the amendments modified section L.4 of the RFP or the form SF-33.  AR, Tab 5, RFP amend. 1 at 112; Tab 9, RFP amend. 2 at 113; Tab 10, RFP amend. 3 at 113.  However, in each of the three SF‑30s accompanying the amendments, the “ISSUED BY” block of the form (item 6) included the name, phone number, and email address of Mr. Cloutier, in addition to the name and mailing address of the Office of Acquisition Management.  AR, Tab 5, RFP amend. 1 at 1; Tab 9, RFP amend. 2 at 1; Tab 10, RFP amend.