Government and Military Certification Systems, Inc. (70RSAT21Q00000071)

B-420241.2 Feb 15, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Government and Military Certification Systems, Inc., (GMCS) a small business of Washington, D.C., protests the terms of request for quotations (RFQ) No. 70RSAT21Q00000071, issued by the Department of Homeland Security (DHS) to procure International Organization for Standardization (ISO) 9001:2015 certification for the agency's Directorate of Science and Technology's National Urban Security Technology Laboratory (NUSTL), located in New York City, New York. The protester asserts that the terms of the solicitation are unnecessary and unduly restrictive of competition. We deny the protest. View Decision Decision Matter of:  Government and Military Certification Systems, Inc. File:  B-420241.2 Date:  February 15, 2022 Leigh A. Brand, Government and Military Certification Systems, Inc., for the protester. Philip Lee, Esq., Department of Homeland Security, for the agency. Christine Milne, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest contending that a solicitation provision stating a preference for a contractor with a background in nuclear safety practices is unnecessary and unduly restrictive of competition is denied where the record shows that the preference is reasonably related to the agency’s needs. DECISION Government and Military Certification Systems, Inc., (GMCS) a small business of Washington, D.C., protests the terms of request for quotations (RFQ) No. 70RSAT21Q00000071, issued by the Department of Homeland Security (DHS) to procure International Organization for Standardization (ISO) 9001:2015 certification for the agency’s Directorate of Science and Technology’s National Urban Security Technology Laboratory (NUSTL), located in New York City, New York.  The protester asserts that the terms of the solicitation are unnecessary and unduly restrictive of competition.  We deny the protest. BACKGROUND   NUSTL is one of DHS’s five scientific laboratories and manages numerous scientific programs and projects in support of the homeland security community.  Contracting Officer’s Statement (COS) at 1.  NUSTL provides products through its two core services:  research and development, and test and evaluation.  Id.  Through these services and their resulting products, NUSTL helps state and local first responders and emergency managers prevent, protect against, respond to, and recover from homeland security threats and hazards.  Id.  NUSTL also maintains radioactive source material at its laboratory and uses radioactive source material and complex equipment as part of its radiation detection testing and training programs.  Id. at 1-2.    NUSTL maintains a Quality Management System (QMS) to ensure client expectations are met and consistently deliver high quality products and services.  Id. at 2.  NUSTL’s QMS ensures the laboratory’s technical and business operations are properly documented, reviewed, and audited.  Id.  All of NUSTL’s work is completed in conformance with its QMS, and the QMS is maintained and refined through NUSTL’s ISO 9001:2015 certification.  Id.  The ISO 9001:2015 certification specifies requirements for NUSTL’s QMS.  Id.  To maintain NUSTL’s ISO 9001:2015 certification, which expires on August 30, 2023, the agency issued the RFQ on September 13, 2021, for surveillance and audit services to be conducted from January 5, 2022, to September 29, 2024.  COS at 2; Agency Report (AR), Tab 4, amend. 0003 at 4.  The solicitation included a list of contractor capabilities, including that the contractor/auditor shall “[h]ave a scientific background including nuclear safety practices” to ensure that auditors will be able to comprehend all of the material that will be reviewed, including information relating to radioactive source material.  AR, Tab 3, amend. 0002 at 4.  In evaluating a vendor’s technical capabilities the solicitation indicated the agency would evaluate whether the firm identified an auditor with a scientific background.  Id. at 10. Prior to the closing date for quotation submissions, GMCS notified the agency that it intended to file a protest challenging the terms of the solicitation.  GMCS asserted that the requirement that the contractor “have a scientific background including nuclear safety practices,” was “not necessary to effectively conduct audits or to maintain certification.”  Email from GMCS to Agency, Nov.